Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 227, 91 -- Magistrate cannot invoke S.165 Evidence Act to summon any document to test the material produced by complainant, to decide whether any charge is to be framed against accused...........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge at the stage of framing of charge - At this stage Court is required to consider whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out - Even strong suspicion founded on material would justify the framing of charge...........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge of accused at the stage of framing of charge - Specific allegations against husband and also against his parents - Whether or not those allegations are true is a matter which cannot be determined at the stage of framing of charge - Any such determination has to take place at the conclusion of the trial - Order..........
Criminal Procedure Code, 1973, Section 167(2) -- Petitioner arrested - Charge sheet filed within time - Supreme Court ordering CBI to investigate - CBI lodged fresh FIR - CBI not filing charge sheet within 90 days - Prayer for statutory bail - Not tenable because petitioner was arrested on the basis of first FIR and not the second time...........
Criminal Procedure Code, 1973, Section 173, 190, 204, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471 -- Cognizance of offence - Charge sheet filed against accused - Governor refused to grant sanction for prosecution of the accused - In absence of sanction for prosecution, Magistrate has to ignore the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Question as to whether petitioner at the time when offence was committed was in charge of or was responsible to company for conduct of business of company as its chairman or otherwise is matter of evidence to be considered at stage of..........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge - Dismissal - Legality - It is alleged that adulterated and intoxicated drugs in 24 bags were recovered from possession of revisionists and after investigation, charge sheet for offences punishable u/ss 274, 275, 276, 419, 420, 411 IPC and 18/27 of Drugs and Cosmetics Act and 8/21 of NDPS Act was..........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Factors to be considered - Held, at the stage of framing of charge Court has to see prima-facie evidence - At the time of framing of charge Court can consider only material placed before it by investigating agency - Charge can be framed even on the basis of strong suspicion founded upon materials before..........
Criminal Procedure Code, 1973, Section 167(2) -- Application for statutory bail as charge sheet not filed within time - Prosecution seeking extension of time, for continuing the investigation, thereafter - Held, right of accused for grant of statutory bail remains unaffected...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 16, 18 -- Crpc As amended by virtue of S.43D of the Unlawful Activities (Prevention) Act, 1967 - Period of 90 days stipulated for investigation - Court can extend it to 180 days - In the event charge sheet is not filed even within the extended period of 180 days, accused is..........
