Showing : 2571-2580 of 3820 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 167(2), 173(8)-- Charge sheet not filed within 60/90 days - Accused is entitled to bail - This right is not available when charge sheet is filed - This right does not revive when further investigation remains pending within meaning of S.173(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 173(2), 482-- Offence u/s 498-A & 406 IPC - Quashing of FIR - High Court obtaining report from Investigating Officer who reported that no case is made out - FIR quashed on that ground - Order of High Court set aside - Held, High Court is not entitled to consider investigation report before same is filed before..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482-- Offence u/s 498-A & 406 IPC - FIR lodged after six months of incident - Quashing of FIR - Family members of wife making all efforts to arrive at a settlement with husband - If a complaint had been filed during this period there was every possibility of not entering into any settlement with husband..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 498-A & 406 IPC - FIR cannot be quashed on filing of a divorce petition in a Civil Court...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 302, 304B, Criminal Procedure Code, 1973, Section 222-- Modification of conviction - Charge-sheet filed u/s 302 IPC - Charge later on altered to S.304-B - Accused cannot be convicted u/s 302 IPC if charge under S.302 was proved - Conviction altered from S.302 IPC to S.304-B IPC and accused sentenced to 7 years R.I...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 433A, Kerala Prison Rules, 1958, Rule 225(2)-- Life imprisonment - Premature release - Could be considered after actual custody of 8 years - Petitioner remained on study leave for more than six years and his sentence remain suspended - This period has to be excluded from total period of 8 years...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay - Explanation - FIR lodged next day as there was torrential rain - Police station was 21 Kms. from the place of occurrence - Delay not of much substance...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 190, 202(1)-- Complaint - Cognizance taken - Magistrate can direct an investigation to be done either by a police officer or by any other person - Such investigation is only for helping Magistrate to decide whether there are sufficient grounds for him to proceed further...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 210-- Complaint case - Complaint also pending before police for investigation - Magistrate to stop proceeding in the complaint case and is to call for a report from the police - After report is received from police, he is to take up the matter together and if cognizance has been taken on the police..........

Showing : 2571-2580 of 3820 Results