Showing : 61-70 of 472 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Certainty of conviction cannot be examined at the stage of framing of charge, but accused has every right to be heard at the stage of framing charge...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 227-- Framing of charge - Charges framed against accused by trial Court without considering application u/s 227 Cr.P.C - It is desirable to examine prima facie material against accused before framing charge, when there was an application u/s 227 Cr.P.C. on behalf of accused for discharging him -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22-- Framing of charge - Petitioner found in possession of 3 gms of heroin and 50 gms of methaqualone - As per FSL report, chemical test of methaqualone was found negative - Charge framed against petitioner u/s 8/22 of Act, set aside and charge framed u/s 8/21 of the Act maintained...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190-- Additional accused - Cannot be summoned u/s 190 Cr.P.C. after framing of charge - The only power available to trial Court for summoning additional accused is available u/s 319 Cr.P.C. after recording evidence at the trial...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Order framing charge is not purely interlocutory order and in a given situation be interfere with u/s 397(2) Cr.P.C. or 482 Cr.P.C. or Article 227 of the Constitution which is a constitutional provision but the power of High Court to interfere..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not prejudice the interest of speedy trial in a corruption case - Once stay is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii) exercise of such..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506-- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has consented in consequence of..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Does not mean that allegations are proved - When trial begins full opportunity is given to prosecution as well as to accused to place their case before Court - Charge framed therefore, cannot be set aside in normal circumstances...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Order framing charge - Pointing out one's illegal act cannot be said an act of abetting to commit suicide - At the most his intention could be to blackmail deceased - No doubt, deceased was under stress - Reason was fake documents used by deceased while purchasing motorcycle..........

Showing : 61-70 of 472 Results