Showing : 1-10 of 244 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 256-- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 376B-- Order taking cognizance of offence - Rape - Trial Court passed a detailed reasoned order considering each and every aspect of matter - Cognizance of offence taken by Magistrate after he was satisfied that prima facie case is made out and summoned the applicants in exercise of power u/s 190(1)(b)..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to appreciate factual..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 302-- Permission to aggrieved party to conduct prosecution - Permission not to be granted on mere asking - However, victim has a right to assist Court in a trial - Magistrate may consider as to whether victim is in a position to assist Court and as to whether trial does not involve such complexities..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Quashing on the basis of probable defence that accused may set up would not be in domain of consideration by High Court - It would be apt and appropriate for jurisdictional Magistrate to examine same after prosecution tenders evidence and as such proceedings before trial..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Arms Act, 1959, Section 39, 25-- Sanction for prosecution - Offence u/s 25 of the Act - Sanction letter purported to be signed by District Magistrate, whose name also disclosed in it, but in charge sheet that person has not been named as a witness - I.O also not proved the sanction letter - Sanction for prosecution thus, not..........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34-- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge should be framed, not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32-- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and coherent and in fit state of mind to give statement -..........

Showing : 1-10 of 244 Results