Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of discharge of an official duty as it..........
Criminal Procedure Code, 1973, Section 258, 251 -- Discharge - Summons case - If the facts alleged in the final report do not constitute any offence, Magistrate to drop the proceedings and release the accused...........
Criminal Procedure Code, 1973, Section 258, 251 -- Discharge - Summons case - If word `discharge' is used in a summons case, it cannot be said to be illegal - Court may use the word `release' or `discharge' when it finds that the proceedings cannot be continued in a summons case and consequently it drops the proceedings...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 420, 467, 471, 409, 120-B IPC - Petitioner was working as clerk in municipal Board, therefore, while maintaining files he was acting or purporting to act in discharge of his official duty, hence, sanction for prosecution u/s 197 Cr.P.C was essential - Moreover, there is nothing on record..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - To attract protection u/s 197 Cr.P.C., Court is required to see acts/omissions attributed to public servant done by him while acting or purportedly to act in discharge of his official duty...........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 364A -- Discharge - Kidnapping for ransom - Ransom note - Veracity - Two State Forensic Science Laboratories opined that ransom note in question was not in handwriting of accused - Opinion of expert is not substantive evidence, which Court is not bound to accept - Moreover, expert opinion is to be..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Words `not sufficient ground for proceeding against accused' appearing in S.227 Cr.P.C. postulate exercise of judicial mind on part of judge to facts of case in order to determine whether a case for trial has been made out by prosecution...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - An order of discharge would be warranted only in those cases where Court is satisfied that there are no chances of conviction of an accused and trial would be an exercise in futility - Probative value of material on record cannot be gone into by Court...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
