Criminal Procedure Code, 1973, Section 227, 397, 401, Indian Penal Code, 1860, Section 354, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Accused calling 'Sali Dhobin' and allegation of molestation by touching breast - Accused had lodged FIR against daughter of complainant in respect of theft - Accused a married man - No..........
Criminal Procedure Code, 1973, Section 227 -..........
Criminal Procedure Code, 1973, Section 397, 482, Constitution of India, 1950, Article 226, 227 -- Exercise of plenary power - Held, exercise of power by Court either u/s 397 or 482 of the Code or u/Art.226 and 227 of the Constitution should be in aid of the legislative policy and in public interest - It has to be exercised having due regard to legislative intent evidenced..........
Criminal Procedure Code, 1973, Section 167, 397, 401, 482, Constitution of India, 1950, Article 14, 19, 226, 227 -- Application for police remand - Rejection by Magistrate - Revision - Maintainability - Held, if remand is rejected, it would adversely affect right of prosecution to carry out further investigation and in a given situation investigation may not be able to..........
Criminal Procedure Code, 1973, Section 226,227,228 -- Criminal Procedure Code, (as applicable in the State of Jammu and Kashmir), Ss. 267, 268 and 269 - Framing of charge - Error therein - Charge framed and read over to accused - Accused thereafter asked whether he had understood contents of charge which was read and explained to him - Accused answered in affirmative -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Even grave suspicion is enough to proceed against accused - In the instant case, from statement of complainant and his witnesses, prima facie case made out against accused - Held, framing of charge not illegal - Revision dismissed...........
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge dismissed - Revision against - Sufficient material on record to suggest that soon before her death deceased was continuously harassed by accused on account of dowry demand - Trial Court after recording prima facie satisfaction observed that there are sufficient grounds for framing charge u/s 498-A and..........
Criminal Procedure Code, 1973, Section 227, Official Secrets Act, 1923, Section 3, 5 -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376,323,504 -- Discharge of accused - Petitioner from last few years on assurance of marriage has made physical relationship with informant - Witnesses have also supported contents of FIR made by informant - Petitioner has made physical relationship for first time with informant when she was..........
