Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Criminal Procedure Code, 1973, Section 397(2), 228 -- Revision - Framing of charge - Order of framing of charge or that of discharge is neither interlocutory nor final - Order does not attract bar of S.397(2) Cr.P.C - Revision against order framing charge is maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Order framing charge - It is an interlocutory order - Revision against same is not maintainable...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366 -- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against..........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge u/s 406 IPC - Informant filed an application for addition of charge u/s 406 IPC, as there were allegations against husband about criminal breach of trust as far as stridhan is concerned - Magistrate allowed the application against husband and mother-i, law after considering the material and..........
Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Revision lies against order framing charge - Held, in matters when impugned order can be challenged before Court of revision then in such matters, inherent powers should not be exercised - Petition u/s 482 Cr.P.C. is not maintainable...........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge - Validity - Sessions Judge has framed additional charge on application of D.G.C. (Criminal) when this fact came to light in statement of prosecution for first time that accused had committed rape upon victim - Held, S.216 CrPC empowers Court to alter charge at any time before judgment is pronounced..........
Criminal Procedure Code, 1973, Section 239, 240, 397, 401 -- Framing of charge - Revision against - Revisional Court can examine the correctness of the order framing charge by reference to the documents referred to in Ss.239 and 240 of Cr.P.C - Charge cannot be quashed on the basis of documents which accused may produce except in exceptional cases where documents are of..........
