Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Factors to be considered - Held, charge can be framed only if judge is of the opinion that there is ground for presuming that accused committed an offence after consideration of records of case and documents submitted before Court - Records and documents produced by prosecution must contain facts from..........
Criminal Procedure Code, 1973, Section 156(3), 227, 228 -- Framing of charge - Further investigation - Records produced by prosecution do not reveal any offence for want of effective investigation - Held, it would puerile for Court to acquit accused by extending benefit of doubt, on the ground that some doubt arises regarding commission of offence, because, such doubt had..........
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 190, 204 -- Cognizance of offence - Power of Magistrate - Whether Magistrate has power to take cognizance against a person at pre-charge stage against whom incriminating material is available on record although he has been cited as a witness by prosecution? - Held, yes, Magistrate is well within his powers to issue summon against such..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Petitioner is facing trial for the last 11 years - Respondents are least bothered to pursue the matter - It seems that respondents are not interested to led any evidence even before pre-charge stage - They only want to harass petitioner - Held, since the matter is listed on 19.04.2012 before..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Can only be on the basis of evidence adduced and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge-sheet or the case diary do not constitute evidence...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
