Showing : 1911-1920 of 13295 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 97-- Search warrant - Two conditions are sine qua non prior to passing of an order u/s 97 Cr.P.C. viz: (i) person in connection with whom request for search warrant is made, should be shown to be in wrongful and illegal confinement and; (ii) prima facie satisfaction of Magistrate that concerned person..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342-- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to warrant..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - If at the time of passing an order of acquittal two opinions are possible on some point and trial Court has taken one in passing acquittal order, Appellate Court may not interfere with the order of acquittal and take another view unless there is some glaring mistake of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of framing of a charge, Court is concerned not with the proof of allegation rather it has to focus on material and has to form an opinion whether there is strong suspicion that accused committed an offence, which if put to trial, could prove his guilt - Framing of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397-- Revision - Object of provision is to set right a patent defect or an error of jurisdiction or law or perversity which has crept in the proceeding...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Examination of accused u/S.313 of Cr.P.C. is not mere formality - It has got practical utility for criminal courts in affording opportunity to accused to explain incriminating circumstances - Questions should be framed in an easily understandable manner and they should not..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 401-- Revision - When findings of facts recorded by Courts below are not supportable on evidence on record, revisional Court would be justified for conducting an independent reassessment of evidence and to supplant conclusion of his own - If there is any manifest illegality, perversity and miscarriage..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After taking cognizance on the basis of earlier report - At that stage, Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation - Such a course is open only on the request of I.O. and that too in circumstances..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202-- Direction for investigation by Magistrate u/s 202 Cr.P.C. - At post-cognizance stage, while dealing with a complaint, is in the nature of an inquiry and not a further investigation u/s 173(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the..........

Showing : 1911-1920 of 13295 Results