Criminal Procedure Code, 1973, Section 173 -- Charge sheet - It is the foundation upon which Court can take cognizance - Edifice of trial rests upon this foundation but result does not - Edifice may stand or it may crumble down - It depends upon outcome or conclusion of trial...........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 302 -- Quashing of order - Order taking cognizance - Custodial death of accused - 18 injuries found on the dead body of accused - Out of which injury no.1 & 2 caused death of accused - Magisterial enquiry held by SDM, which opined that death of accused occurred during police custody for which..........
Criminal Procedure Code, 1973, Section 207, Information Technology Act, 2000, Section 66, Copyright Act, 1957, Section 63, 63B -- Non-supply of hard disk to accused - In the instant case, appellant stolen `source code' of software known as `Quick Recovery' developed by complainant's company and thereafter put it for sale on website of appellant company under the name of..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all circumstances police has to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of a charge, Court is concerned not with the proof of allegation rather it has to focus on material and has to form an opinion whether there is strong suspicion that accused committed an offence, which if put to trial, could prove his guilt - Framing of charge is not a stage, at which..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Framing of charge - Allegation in charge sheet that quarry license to co-accused was given by accused in furtherance of object and purpose of illegally benefiting co-accused - Further accused permitted co-accused to indulge in unauthorized mining over larger area than that granted to him..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the request or prayer of the..........
Criminal Procedure Code, 1973, Section 209 -- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
Criminal Procedure Code, 1973, Section 211, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Framing of charge - Disproportionate assets - Assets on name of relative of public servant - Merely because some of disproportionate assets stand in name of no, public servants, without any element of abetment, they cannot asked..........
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Discharge - Dismissal of application - Disproportionate assets - In the instant case, charges framed against wife of public servant for abetting her husband in accumulating disproportionate assets - However, I.O. has not come to..........
