Showing : 301-310 of 3633 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Two FIR's - Quashing - It is only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations or when facts disclose prima facie cognizable case and also disclose remarkable..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Six FIR's - Against six Co-operative societies - Overlapping allegations - One of the reason for overlapping may be that all were engaged in the same business - This fact by itself is not sufficient to quash five FIR's at the stage of investigation itself when their members are different, their..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Murder - In crimes like murder, mere fact that accused was in custody for more than one year, may not be a relevant consideration for grant of bail...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Materials available on record prima facie indicating involvement of accused, possibility of accused tampering with witnesses and gravity of crime not kept in view while granting bail - As bail was granted on irrelevant considerations and same suffered from serious infirmity,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 195(1)(b)(ii)-- Forged letter filed in Court - No case that forgery was committed after letter was filed in Court - Provision u/s 195(1)(b)(ii) Cr.P.C. not attracted...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Allegations in FIR or complaint, if are accepted in their entirety, and are taken at the face value, do not prima facie constitute any offence or make out a case against the accused, or where allegations made are so absurd and inherently improbable on the basis of which..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Admitted facts and documents relied upon by complainant, without weighing or sifting of evidence, do not make out any case against appellant & hence criminal proceedings instituted against him are liable to be quashed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Allegation of cheating and criminal breach of trust on the part of parents of appellant - As appellant is not party to the agreement or any transaction between the complainant and other accused, there is no reason as to why he should face criminal trial and that too for..........

Showing : 301-310 of 3633 Results