Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered, opportunity must be given to both, prosecution and defence, to recall or re-examine witnesses in reference to such altered charges...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered by Court, reasons for the same must be recorded in the judgment...........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition of charge u/s 420 IPC - Dishonour of cheque - Entire complaint was for dishonour of cheque which was issued by accused against loan taken from complainant - Charges u/s 138 of N.I. Act is made out against accused - There is no specific averment in the complaint itself that such loan was availed by accused on..........
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 216, 217 -- Alteration/amendment of charge - Prosecution witnesses examined prior to alteration/amendment of charge - No cross examination of prosecution witnesses has taken place insofar as alteration/amended charges are concerned - If accused are not provided an opportunity to cross examine prosecution witnesses then trial will be..........
Criminal Procedure Code, 1973, Section 216, 217, Protection of Children from Sexual Offences Act, 2012, Section 8, 11 -- Alteration/amendment of charge from S.11 to S.8 of POCSO Act - Specific allegations against accused on record that he had tried to remove prosecutrix from out of lawful custody and took her about 400 meters away from her house towards railway station -..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PWs - Waiver of right to further examine any witness by prosecution cannot impair or affect in any manner, the near absolute right of defence to seek further cross-examination of any witness, as said right is not dependent on conduct of prosecution, rather it appears to be a rule against..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PW for further cross-examination - S.217 Cr.P.C is not restricted its application to fact situations contemplated u/s 319 Cr.P.C and even not governed by principle for invoking S.311 Cr.P.C - It is an independent provision...........
