Showing : 691-700 of 14725 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 330-- Release of lunatic pending investigation - Accused released u/s 330 Cr.P.C only if he is of unsound mind and not fit to understand the Court proceedings, he is incapable of making his defence - However, facts relating to provision of S.330 Cr.P.C is not relevant with S.439 Cr.P.C - Therefore, mere..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, 386, 464-- Alteration of charge - An alteration of charge where no prejudice is caused to accused or prosecution is well within powers and jurisdiction of Court including Appellate Court - It is only when any omission to frame charge initially or till culmination of proceedings or at appellate stage results..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190, 482-- Issuance of process - Quashing of proceedings - At initial stage of issuance of process it is not open to Courts to stifle the proceedings by entering into merits of the contentions made on behalf of the accused - If ingredients of the offence alleged against the accused are prima facie made out..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34-- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted - But if facts..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Magistrate, at the stage of taking cognizance and summoning is required to apply its judicial mind to find out whether prima facie case has been made out for summoning the accused persons - Magistrate is not required to evaluate merits of material or evidence in support of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456-- Restoration of possession - No separate order directing restoration of possession required, when such order has already been passed while convicting the accused persons...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34-- Alteration of charge from S.149 IPC to S.34 IPC - Fight between two groups by exchanging gun shots - 11 accused convicted - Eight co-accused were acquitted by High Court u/ss 302, 149 IPC - Charge u/s 149 IPC collapsed against rest of 3 accused, as there could be no unlawful assembly consisting..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190, 482-- Cognizance of offence - Quashing of proceedings - Proceedings can be quashed only in a case where complaint does not disclose any offence or is frivolous, vexatious or oppressive - If allegations set out in complaint does not constitute offence of which cognizance has been taken by Magistrate, it..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456(2)-- Restoration of possession - Period of limitation - No period of limitation has been provided for higher Courts to make order for restoration of possession u/s 456(2) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456-- Restoration of possession - Limitation period of 30 days - Applies only if trial Court has not passed any order in respect of the case property while convicting the accused...........

Showing : 691-700 of 14725 Results