Showing : 71-80 of 476 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 477A, 120B-- Framing of charges - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss.420, 477-A, 120-B IPC - There is no prima facie case for commission of offences alleged against petitioner - I.O failed to collect any clinching materials to proceed against petitioners and acted in a mechanical manner - There is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - There is no hard and fast rule that proceedings cannot be quashed after filing of challan or even after framing of charge - It all depends upon facts of each case...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, Evidence Act, 1872, Section 27-- Theft of opium - Information given by co-accused - Case of prosecution is that co-accused was having licence to produce opium and as he could not produce requisite quantity of opium he filed a false case of theft of opium and opium which was recovered was also not having requisite percentage of..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Charge framed as application for discharge not pressed - Petitioner filed an application before trial Court for consideration of application for discharge about one and half month after framing of charge - Application for discharge was filed only with the aim to forestall the trial of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302-- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34-- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing retrial - No..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Framing of charge - While framing charge, Court should apply prima facie standard which is said to be made out when probative value of evidence on all essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of facts pertaining..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Arms Act, 1959, Section 27-- Offence u/s 27 of the Act - Valid licence issued in the name of petitioner for possession and use of firearm in question - Trial Court committed manifest error while framing charge - Proceedings u/s 27 of the Act quashed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 91-- Summons to produce documents - Invocation of S.91 by accused at the stage of framing of charge - Held, at the stage of framing of charge, accused cannot ordinarily invoke S.91 - However, if Court is satisfied that there is material of sterling quality which has been withheld by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Court not to enter into a roving inquiry to appreciate or weigh material on record at the stage of framing of charge - Strong suspicion is enough for Court to form a presumptive opinion as to existence of an event having taken place, justifying framing of charge...........

Showing : 71-80 of 476 Results