Showing : 2321-2330 of 9974 Results

UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 41(1)(a), (b), (c), (d), (e)-- Arrest - I.O is empowered to arrest wrongdoer only when he has reason to believe on the basis of information and material collected that accused committed an offence - However, before making arrest, I.O is required to satisfy himself that arrest is necessary for one or more purposes envisaged u/s..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451-- Quashing of order - Order framing charges u/ss 354, 451 IPC - Accused allegedly made an attempt to outrage the modesty of complainant - Plea of alibi was taken by accused - However, documents produced by accused in support of such plea are not per se admissible - Witnesses are required to be..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 420, 506-- Offence u/ss 420, 506 IPC - Protection against arrest - Prima facie offence u/ss 420, 506 IPC is attracted besides civil remedies which are available to informant - However, no material is found by I.O, on the basis of which accused can be arrested - Benefit of S.41 of Cr.P.C., thus granted to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 325-- Offence u/ss 323, 325 IPC - Non-association of independent witnesses - Not fatal to prosecution case when PWs categorically stated that none came at the site of occurrence at the time of incident and saw the incident...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence by public servant - It is not every offence committed by public servant which requires sanction for prosecution u/s 197 Cr.P.C. - Sanction is required only if offence is committed by accused while he is engaged in his official duty - Moreover, if offence is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 325-- Offence u/ss 323, 325 IPC - Accused gave beatings to PW2, PW3 and their mentally challenged son, as a result of which simple as well as grievous injuries were caused to them - Said injuries were duly proved by medical evidence - All the PWs are very candid, specific and straightforward and their..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197, 482, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - Offence by public servant - Received Illegal gratification from co-accused - Quashing of proceedings - Receiving of illegal gratification is no way connected with discharging of official duties by petitioner, therefore, sanction is not mandatory to prosecute petitioner..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 325, Probation of Offenders Act, 1958, Section 4(b)-- Offence u/ss 323, 325 IPC - Benefit of probation - Approximately 10 years have passed after happening of incident and eight years after passing of judgment - Accused is a first offender and already suffered much agony during pendency of appeal - Benefit of probation thus extended to accused...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - Order to treat it as complaint - Incident happened inside house - Everything relating to fact within knowledge of applicant - Every evidence relating to it within control of applicant - There is nothing new which can be exposed after investigation - No illegality..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372-- Proviso, 378(4) - Dishonour of cheque - Acquittal of accused - Order of acquittal cannot be challenged by way of an appeal u/s 372 Proviso Cr.P.C. before Sessions Court - Remedy of complainant is to file an appeal to High Court with Special Leave u/s 378(4) of the Code...........

Showing : 2321-2330 of 9974 Results