Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Criminal Procedure Code, 1973, Section 401, 402, 403 -- Revision - Filed by accused against order of refusal to discharge accused - Whether victim/complainant can be impleaded - Victim/complainant though has a right to be heard in revision proceedings, but have no right to be impleaded in said revision proceedings...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
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...........
National Investigation Agency Act, 2008, Section 21(1)(2), Unlawful Activities (Prevention) Act, 1967, Section 20, 38, Indian Penal Code, 1860, Section 124A -- Offence u/s 20 & 38 of 1967 Act and S.124-A of IPC - Order of Special Court refusing to discharge accused - In revision Single Judge of High Court discharged the accused - - Held, revision against order passed by..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - High Court committed error by not entertaining revision petition against order rejecting discharge application, on merits and overlooking fact that discharge is a valuable right provided to accused - High Court and Court below have not examined fairness of criminal investigation in the case and other related aspects..........
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109 -- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main..........
Criminal Procedure Code, 1973, Section 397, 401, 239 -- Revision - Locus standi - Order of discharge - Ordinarily, private party has no locus-standi to file revision, when State has not come forward in revision against an order of discharge, but when such order results in miscarriage of justice, private party or complainant in a case instituted on police report has right..........
Criminal Procedure Code, 1973, Section 397, 401, 239, Indian Penal Code, 1860, Section 353, 354 -- Revision - Order of discharge - Offence u/ss 353, 354 IPC - Victim/informant is aggrieved by impugned order of discharge of accused - Justice must appear to have been done - Victim should not be deprived of due hearing or her say - Impugned order of discharge set aside with..........
