Criminal Procedure Code, 1973, Section 227 -- Discharge - Only prima facie case is to be seen at the stage of consideration of discharge application - Whether case is beyond reasonable doubt is not to be seen at the stage of discharge - Probative value of materials on record cannot be gone into...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Purpose of S.227 Cr.P.C is to ensure that Court should be satisfied that accusations made against accused is not frivolous and that there is some material for proceeding against accused...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Material on record shows that there is reason to proceed against accused - Notarized affidavit subsequently signed by de facto complainants cannot be taken in isolation by Court so as to discharge the accused - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302, 307 -- Fine - Murder - Considering conduct of accused and financial damages suffered by victim's family, two deceased and injured, damages of Rs.10 lacs each awarded to legal heirs of two deceased for an offence u/s 302 IPC - Amount of fine as awarded u/s 307 IPC of Rs.5 lacs would be..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302, 307 -- Compensation to victim - Murder - Considering conduct of State who did not conduct the case fairly and also trauma and harassment faced by victim's family, in addition to compensation awarded u/s 357 Cr.P.C, further compensation u/s 357-A IPC is to be awarded - State directed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While invoking inherent jurisdiction, it is wholly impermissible for High Court to enter into factual arena to adjudge the correctness of allegations in the complaint...........
Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of order - Order declaring accused as proclaimed offender - No intentional absence of accused from Court proceedings - Accused undertakes not to absent from Court proceedings any further - Impugned order set aside - Accused directed to appear before trial Court...........
