Showing : 1-10 of 36 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case made out for discharge at..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 467-- Default bail - Offence u/s 467 IPC - Alleged offence is punishable with life imprisonment or imprisonment which may extend upto 10 years - Statutory time period for filing charge sheet will be 90 days not 60 days - Bail application filed after expiry of 60 days rightly rejected...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 167(5), 468, 482-- Delay of 17 days in filing charge sheet - Plea of bar u/s 167(5) Cr.P.C. taken after cognizance was taken by trial Court - High Court in exercise of its power u/s 482 Cr.P.C. condoned delay as in case delay is condoned accused will not be prejudiced and in fact undue prejudice is to be caused to..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in terms of S.36-A(4) Proviso of NDPS Act -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B-- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior permission of Magistrate for further investigation - Moreover,..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3)-- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Supplementary report by drawing conclusion that no offence is made out and that accused had been falsely implicated - Clearly shows wiping out earlier investigation altogether - S.173(8) cannot be pressed in aid for collecting fresh evidence in the garb of further..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167-- Remand - Custody of accused cannot be said to be illegal after filing of charge sheet till cognizance of offence is taken, particularly when intervening period after filing of charge sheet and till cognizance is taken is not due to lapse of Court or police...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2)-- Remand in police custody of absconding accused arrested after filing of charge sheet - Held, remand can be granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4)-- Default bail - Charge sheet not filed even after expiry of 180 days - Application seeking extension of time for filing final report filed one day earlier to expiry of 180 days but extension granted by order passed after one day of expiry of 180 - Extension of time granted one day after expiry of..........

Showing : 1-10 of 36 Results