Showing : 2341-2350 of 3552 Results

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 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
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
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 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 378-- Appeal against acquittal - Generally, the order of acquittal is not interfered with - If two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 190, 154-- Delay in lodging FIR or delay in filing a complaint case - Has to be satisfactorily explained - Even long delay can be condoned when plausible explanation is offered for the same - Merely stating that the matter was reported to police and police did not take any action is not sufficient - It has..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 156(3)-- Any Judicial Magistrate, before taking cognizance of the offence, can order investigation u/s 156(3) Cr.P.C. - While doing so complainant is not to be examined on oath - Magistrate is to direct police to register an FIR...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay in lodging because of police inaction - Delay has to be explained by calling of records from the police...........

Showing : 2341-2350 of 3552 Results