Showing : 31-40 of 1005 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Rape case - There is categorical and unequivocal allegation of outraging modesty of informant, as mentioned in FIR and her corroborating statements given at different stages, primarily attributes specific role to all accused including petitioner - Named accused..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Trial concluded - Petitioner cannot be tried again...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Order allowing application u/s 319 Cr.P.C is based on statement of PW1 without considering relevant facts and without recording any satisfaction that there is some cogent evidence which may lead to his conviction - Even there is apparent contradiction in statement..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Co-accused acquitted by trial Court and trial abated against main accused, who died and there is no change of witnesses - No appeal is filed by State or by informant/victim, thus same attained finality - Petitioner thus, cannot be convicted and liable to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 120B-- Cheating - Criminal complaint and police complaint simultaneously - Dispute regarding property was under litigation at different stages - First round of litigation was civil litigation - Complainant had resorted both the remedies i.e police case and complaint case, whereas proceedings in complaint..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged against them in complaint - Indeed, facts stated against appellants..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused - Complaint and summoning..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Power u/s 319 Cr.P.C being a discretionary power and an extraordinary one is to be exercised sparingly and only when cogent evidence is available - Prima facie opinion which is to be formed for exercise of this power requires stronger evidence than mere..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would..........

Showing : 31-40 of 1005 Results