Criminal Procedure Code, 1973, Section 245(1) -- Application u/s 245(1) Cr.P.C. is maintainable after recording of evidence u/s 244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Discharge - Charge framed and case fixed for evidence - At the stage of framing of charge, Court is only to see as to whether prima facie case is made out or not and not to consider whether evidence produced on record will lead to conviction or..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Prima facie involvement of accused in abetting commission of suicide of deceased is on record, as he was trying to blackmail deceased which ultimately led her to commit suicide - Suicide note was seized in which categorical aspersion against accused of his..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If Magistrate comes to conclusion that no case is made out against accused, which if u, rebutted, would not warrant his conviction, Magistrate for the reasons recorded, has to mandatorily discharge accused - However, if u, rebutted evidence, in opinion of Magistrate, is sufficient to warrant conviction of accused,..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge of accused - Powers of Magistrate - Held, Magistrate can discharge accused u/s 245(2) Cr.P.C. even before accused appears or is brought before him or evidence is led u/s.244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227, 239, 245 -- Discharge - Ss.227 and 239 provide for discharge before recording of evidence on the basis of police report, documents sent along with it and examination of accused after giving an opportunity to parties to be heard - However, the stage of discharge u/s.245 is reached only after evidence referred in S.244 has been..........
Criminal Procedure Code, 1973, Section 245, 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused filing application u/s 245 Cr.P.C. before trial Court - Accused also filing petition u/s 482 Cr.P.C. in High Court but concealing fact of filing application u/s 245 Cr.P.C. in the trial Court - It is not concealment of material fact - An..........
Criminal Procedure Code, 1973, Section 244, 245, 246, Evidence Act, 1872, Section 138 -- Evidence - Admissible only when accused is afforded an opportunity to cross examine the witnesses - Right of accused to cross examine the witnesses after framing of charge does not take away right of accused to cross examine witnesses at the pre-charge stage...........
Criminal Procedure Code, 1973, Section 204, 244, 245(2) -- Discharge - After issuance of process stage for discharge comes after recording evidence u/s 244 Cr.P.C. - Petition filed at pre mature stage - Petition, held, not maintainable - Direction issued to approach Court for discharge after recording evidence u/s 244 Cr.P.C...........
