Showing : 1-10 of 29 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Loss of document - Failure or success to prove existence of documents or its loss cannot be pre-determined and that too without providing opportunity - It is only after providing an opportunity to lead secondary evidenced that trial Court can form its opinion regarding..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 321, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2)-- Withdrawal from prosecution - Misappropriation of public funds of Panchayat - Withdrawal sought on the ground that evidence proposed by prosecution is weak and there is no possibility of witnesses supporting prosecution - Whether documents are strong or acceptable to prove alleged misappropriation..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Trial -- Practice and procedure - Pre-charge evidence - If complainant on a given date does not produce pre-charge evidence, evidence deemed to be closed, is neither a judgment nor a final order within the ambit of S.362 Cr.P.C. - Thus, on subsequent date on justifiable cause, trial Court could afford..........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Disposal of contraband - Contraband materials can be destroyed or disposed of in an appropriate manner at pre-trial stage itself, as drug can be disposed of under supervision of a Magistrate and if Magistrate follows mandate of S.52-A of the Act, the certificate issued by him is per se admissible..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34-- Bail - Murder - Circumstantial evidence - Accused tracked by police dog - Evidence of tracking by dog is weakest piece of evidence - Material against accused does not require his further pre-trial detention in crime - Accused released on bail with conditions - Bail granted...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319-- Application u/s 319 Cr.P.C. - Application filed to obtain the particulars solely for getting information about the persons for the purpose of impleading them as accused after taking cognizance - It is impermissible by any provisions under Chapter XIV of Cr.P.C. at post cognizance and pre-trial..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306(4)(a)-- Approver - Cross-examination - Accused has no right to cross-examine approver, who is examined u/s 306(4) Cr.P.C. by Magistrate at the pre-commital stage, as proceeding before Magistrate is neither an inquiry nor a trial - Moreover, examination u/s 306(4) Cr.P.C. cannot be equated with examination..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 244, 247-- Private complaint - Pre charge evidence - Accused has valuable right to cross examine witness of complainant at the stage of pre charge evidence - Trial Court as well as Sessions Court committed grave error by not permitting accused to produce document on record and not allowing him to ask..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - S.319 Cr.P.C., significantly uses two expressions i.e : (i) Inquiry; (ii) Trial - As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry - Word evidence u/s 319 Cr.P.C. contemplates evidence of witnesses given in..........

Showing : 1-10 of 29 Results