Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 -- Charge - Alteration - Court can alter and rectify the charges - The only controlling objective while deciding on alteration is whether new charge would cause prejudice to accused, say if he were to be taken by surprise or if the belated change would affect his..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Criminal Procedure Code, 1973, Section 211, 228 -- Charge - Named or unnamed persons can be acted conjointly with one of charged accused and thereby charge would not be defective...........
Criminal Procedure Code, 1973, Section 211 -- Charge - At the stage of framing of charge, Court is required to evaluate the evidence to find out prima facie case but is not required to go in detail every statement or every evidence which has been collected by the Investigating Officer...........
Criminal Procedure Code, 1973, Section 211 -- Defect in framing of charge - Mere defect in charge will not vitiate trial automatically but such eventuality gives an occasion to accused to prove or to show that serious prejudice is caused to him on account of error/defect in farming of charge...........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
