Showing : 451-460 of 3844 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Statue saves the inherent power of High Court, as a superior Court, to make such orders as are necessary: (i) to prevent an abuse of process of any Court; or (ii) otherwise to secure the ends of justice...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 467, 468, 471, 506(2), 120B-- Quashing of FIR - Offence u/ss 384, 467, 468, 471, 506(2), 120-B IPC - Compromise - Allegations in FIR not only involve a private dispute over a land transaction between two contesting parties, but also involves allegations of extortion, forgery and conspiracy where all the accused were acting as..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34-- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already released on bail - Accused in custody for about 2 years - Appeal filed before High Court is not likely to be heard on an immediate date - Bail granted to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 34-- Anticipatory bail - Kidnapping - Victim boy not traced so far - Six months prior to incident accused threatened complainant that he will be made issueless and even three months prior to incident also, accused had gone to school of victim and called him outside the school but he did not join..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Delay in filing application is one of the important factors which has to be explained in the application...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person already examined who are expected to be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society - This power is to be exercised only for strong and valid reasons and it should be exercised with caution..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - PWs seeking re-examination on the ground that previous statements were made under influence of police - Sought after 14 months - Witnesses were cross examined at length - Sessions Judge recorded a finding that they were not under any pressure while recording their evidence - No..........

Showing : 451-460 of 3844 Results