Showing : 3111-3120 of 14725 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451-- Quashing of order - Order framing charges u/ss 354, 451 IPC - Accused allegedly made an attempt to outrage the modesty of complainant - Plea of alibi was taken by accused - However, documents produced by accused in support of such plea are not per se admissible - Witnesses are required to be..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence by public servant - It is not every offence committed by public servant which requires sanction for prosecution u/s 197 Cr.P.C. - Sanction is required only if offence is committed by accused while he is engaged in his official duty - Moreover, if offence is..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197, 482, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - Offence by public servant - Received Illegal gratification from co-accused - Quashing of proceedings - Receiving of illegal gratification is no way connected with discharging of official duties by petitioner, therefore, sanction is not mandatory to prosecute petitioner..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372-- Proviso, 378(4) - Dishonour of cheque - Acquittal of accused - Order of acquittal cannot be challenged by way of an appeal u/s 372 Proviso Cr.P.C. before Sessions Court - Remedy of complainant is to file an appeal to High Court with Special Leave u/s 378(4) of the Code...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - Order to treat it as complaint - Incident happened inside house - Everything relating to fact within knowledge of applicant - Every evidence relating to it within control of applicant - There is nothing new which can be exposed after investigation - No illegality..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 6-- Additional evidence - Determination of age of victim - Offence u/s 6 of the Act - Action of Court in receiving additional evidence by examining CW.1 and questioning PW13 in exercise of power u/s 165 of Evidence Act and receiving some documents regarding age of victim, would not amount to filing up..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to exercise powers specified u/ss 42,..........
PATNA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Validity and competency of sanctioning authority - Can be determined only during course of trial by way of examining/cross-examining of witnesses and by exhibiting of relevant documents - Before conducting trial, adjudication of same found to be premature - No..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 173(8)-- Reinvestigation - Communal violence - 827 cases of communal violence registered - Final form submitted in all 827 cases - In 315 cases either no offence was found to have been made out or offenders could not be detected - State could do well in looking into all these 315 cases - At this length of..........
MANIPUR HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10-- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are there or not for putting the accused on trial - This procedure adopted by Special Judge dehors..........

Showing : 3111-3120 of 14725 Results