Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, detailed analysis of entire evidence is not expected - Satisfaction is to be recorded that there are grounds for framing charge and not beyond that...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When either at the instance of prosecution or on behalf of accused, Court is ignited regarding the necessity of alteration of charge, Court can exercise its power u/s 216 Cr.P.C., based on evidence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Alteration of charge is the vested right of Court within the province of Court and not that of parties...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When Court feels that power u/s 216 Cr.P.C to alter the charge shall be invoked suo motu based on the evidence recorded, Court has the power to alter charge resorting to its power u/s 216 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Expeditious disposal of application - Family Court exercises jurisdiction of judicial Magistrate while deciding an application u/s 125 Cr.P.C - Application u/s 483 Cr.P.C. seeking a direction to Family Court for expeditious disposal of an application u/s 125 Cr.P.C. would be maintainable...........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Interim maintenance - Pendency of application since 18.04.2023 - Direction be issued to Family Court for expeditious disposal of application for interim maintenance...........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Application u/s 482 Cr.P.C - Maintainability - Where statutory remedy of appeal u/s 14-A of SC/ST Act is available, inherent powers of Court u/s 482 Cr.P.C cannot be invoked - Application dismissed...........
