Showing : 221-230 of 409 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 395, 295-- Anti Sikh riot case - Framing of charge - If on the basis of material on record Court prima facie finds that accused has committed an offence, it can frame charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence - If..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 209-- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 386-- Power of appellate court - Appellate Court in appeal against conviction - It has power to reverse findings as well as sentence and acquit or discharge accused, or order retrial of convict by a Court of competent jurisdiction subordinate to such appellate court - But there is no power of Criminal..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 245(2)-- Discharge - Defence version/materials cannot be taken into consideration at the stage of discharge - At the stage of framing charge or considering an application for discharge the material produced by prosecution alone is relevant and not the materials produced by the accused...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 245(2)-- Discharge - Materials on which basis the applicants have been summoned make out a prima facie case - Prayer for discharge correctly refused...........
ORISSA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 197-- Cognizance of offence against petitioner, a public servant, for offences indictable under Indian Penal Code - Sanction for prosecution not obtained - Acts complained allegedly committed by public servant in discharge of his official duty or in dereliction of same - Held, order of cognizance in the..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 354, 504-- Sanction for prosecution - Petitioner Asstt. Engineer and complainant was posted as Pump Driver under him - Petitioner used vulgar and abusive language against complainant when he went to his office to ask reason for not permitting him to mark his presence in the register - Held, act of petitioner..........
DELHI HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 464, Criminal Procedure Code, 1973, Section 227-- Making false document - Framing of charge - Prosecution allegation that accused allegedly gave fake visa to people for going to America and received money from them - Accused taking plea that he is entitled to discharge as document of visa was photocopy and thus secondary evidence - Held, where a..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B-- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor filed civil suit..........

Showing : 221-230 of 409 Results