Showing : 3601-3610 of 13583 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)-- Cognizance of offence - Supplementary charge-sheet filed in further investigation - Held, trial Court should pass a fresh order regarding taking cognizance after taking into consideration the conclusions arrived at by police in earlier charge-sheet as well as supplementary charge sheet...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Defence raised by accused should not be considered at the time of deciding anticipatory bail but at the same time Court cannot close its eyes if other circumstances are available in order to find prima facie truth particularly when complainant and police is insisting of custody..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Application cannot be dismissed solely on an objection being raised that same would amount to allowing either of parties to fill up a lacuna - Court should consider whether recalling of a witness is necessary for just decision of case - As right of objecting party can always..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Document sought to be produced by prosecution by way of recalling witness is necessary for just decision of case as disputed document is matriculation certificate of prosecutrix - Determination of date of birth of prosecutrix is an important issue as petitioner is charged..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Custodian interrogation - Court can draw adverse inference against accused but police cannot compel answers by custodial interrogation - No doubt police have powers to investigate the matters as per their way as per law but it does not mean that police will exercise power just..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Issue of 10 crores paid by complainant and his wife in cash to petitioners is the subject matter of trial - Both the parties are making allegations against each other for forging documents, viz, agreements, MOUs - But they do not have original documents in their possession - It..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While considering application for anticipatory bail, only prima facie view of case is to be taken - Entire matter not be considered on merits - Most of the time, report of police is to be taken as gospel truth at the time of deciding anticipatory bail application and averments..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190, Protection of Children from Sexual Offences Act, 2012, Section 7, 8-- Cognizance of offence - FIR lodged u/ss 354A, 352, 323, 147, 506 IPC & Ss.7, 8 of POCSO Act - However, charge sheet laid by police only u/ss 352, 323, 506 IPC - Since police report did not include any offence under POCSO Act, Magistrate can take cognizance of offences mentioned in police report -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 164-- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - A witness of his own has no right to approach Magistrate to record his statement u/s 164 Cr.P.C - Magistrate is not under legal obligation to record the statement of such witness u/s 164 Cr.P.C., when investigation in a criminal..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 164-- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - Petitioner already given her statement once u/s 164 Cr.P.C on asking of investigating agency but she knowingly gave a false statement - Petitioner can be proceeded against for giving a statement that is false to her knowledge and..........

Showing : 3601-3610 of 13583 Results