Criminal Procedure Code, 1973, Section 245(2) -- Discharge - At the stage of recording statement u/s 244 Cr.P.C - There is no prohibition for discharge u/s 245(2) Cr.P.C, but it is till proceeding up to S.204 Cr.P.C - Regarding proceeding at the stage of S.244 Cr.P.C, mandate of personal appearance is there - Discharge application rightly rejected...........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Accused cannot invoke jurisdiction u/s 245(2) Cr.P.C, unless he appears or is brought before Magistrate - To reach the stage of S.245 Cr.P.C, it is necessary that trial must begin in view of S.244 Cr.P.C, when accused appears or is brought before Magistrate...........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Mere pendency of civil litigation between parties cannot be a ground to discharge accused...........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504 -- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came..........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 500 -- Quashing of order - Order rejecting discharge application - Offence u/s 500 IPC - Allegations made against applicant in the complaint prima facie do not appear to have constituted any offence - Bald insinuations do not constitute a reasonable suspicion against anybody - Proceedings..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Criminal Procedure Code, 1973, Section 244, 245, 256 -- Warrant trial - Cases instituted otherwise than on police report - Trial of an accused u/ss 244, 245, 246, 247 Cr.P.C. and evidences relevant for it, has no nexus, proximate or otherwise with evidence adduced at initial stage whether Magistrate records depositions and examines evidence for purpose of S.204 Cr.P.C. to..........
Criminal Procedure Code, 1973, Section 244, 245, 246, 247 -- Warrant trial - Cases instituted otherwise than on police report - Complainant gets two opportunity to lead evidence in such cases: (i) firstly, before charges are framed; and (ii) secondly after framing of charges...........
Criminal Procedure Code, 1973, Section 244, 245, 256 -- Warrant trial - Evidence u/ss 244, 245, 246 Cr.P.C. r/w provisions of Evidence Act, be admissible only if same is produced and in the case of documents, proved in accordance with procedure established under Evidence Act which includes rights of person against whom this evidence is produced to cross examine witnesses..........
Criminal Procedure Code, 1973, Section 244, 245, 256 -- Warrant trial - Cases instituted otherwise than on police report - Once accused appears and is brought before Magistrate, prosecution has to be heard and all such evidence as is brought in support of its case are recorded as per provision of Ss.244, 245, 246 Cr.P.C...........
