Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Petitioners alleged to have committed offences u/ss 498A, 341, 323 IPC and S.4 of Dowry Prohibition Act - Prima facie allegation against husband and mother-in-law - Allegations against petitioners who are married and unmarried Nanads of informant and younger brother of husband of informant without..........
Criminal Procedure Code, 1973, Section 227, 228 -- Taking cognizance and framing charge - While taking cognizance Court is concerned with the existence of a prima facie case - However, while framing charge Court moves a step further - Court is concerned with the existence of a strong prima facie case, or of a grave suspicion, pointing to the fact that the offence may have..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Inordinate delay in recording statement of witnesses - Probative value to be assessed during course of trial and not at the stage of framing of charge...........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge of accused - Offence of murder - Direct and unambiguous statement of complainant that he has seen with his own eyes murder of his son and assailants - FIR lodged with promptitude just after 35 minutes of alleged incident - Complainant present at police station at time of lodging of FIR established -..........
Criminal Procedure Code, 1973, Section 227, 228 -- Charge - It is always wiser, as a rule of prudence, to frame a charge for a graver offence - Charge framed u/s 307 IPC - At the initial stage of framing of charge, trial Court is justified in not entering into the issue whether the lesser charge u/s 325 IPC or u/s 326 IPC should be framed...........
Indian Penal Code, 1860, Section 376, 415, Criminal Procedure Code, 1973, Section 227 -- Cheating and rape - Allegations that petitioner had sexual intercourse with respondent on promise of marrying her - Respondent having enough mental capacity to understand nature of act - No material to show that petitioner was under position to dominate will of respondent - Both..........
Criminal Procedure Code, 1973, Section 227, 195(1)(b)(ii), Indian Penal Code, 1860, Section 199, 467, 468, 471 -- Framing of charges - Petitioner stood surety for accused, even though accused was unknown to petitioner - Petitioner thus was not competent to furnish bail for accused - Petitioner filed false declaration as well as false affidavit in support of said..........
Criminal Procedure Code, 1973, Section 156(3), 190, 227 -..........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Factors to be taken into account - Held, at stage of framing of charge, court has to prima facie consider whether there is sufficient ground for proceeding against accused and court is not required to appreciate evidence and arrive at conclusion as to whether materials on record are sufficient for..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Dismissal of application - Offence u/s 306 IPC - No suicide note left by deceased so as to put prima facie criminal liability upon petitioner - No material on record implicating petitioners - Allegation levelled by informant is nothing but wild allegation against petitioners -..........
