Criminal Procedure Code, 1973, Section 227 -- Discharge - Discharge of an accused does not mean that no offence had occurred in the first place...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Cognizance is always qua an offence and relates to initiation of proceedings, whereas discharge is only in respect of an accused and concerned with the existence of sufficient ground to proceed against accused...........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - An order dismissing a discharge petition ought to contain proper reasons - Mere employment of stereotyped expressions would not suffice...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court is obliged to scan the material on record and give a finding if there is sufficient ground for proceeding against accused - There must be broad discussion of factual matrix leading to the conclusion that there is sufficient ground for proceeding against accused - Order dismissing discharge application set..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Accused will be discharged only on following grounds : (i) Where evidence produced is not sufficient; (ii) Where there is no ground for proceeding against accused; (iii) Where no sanction has been obtained; (iv) Where prosecution is clearly barred by limitation; (v) Where he is precluded from proceeding because of..........
Criminal Procedure Code, 1973, Section 482, 227 -- Quashing of proceedings - Discharge - High Court while exercising its inherent powers cannot conduct mini trial - All grounds as taken in discharge application can be examined at appropriate stage of trial - Petition for quashing rejected...........
Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute a public servant - Sanction u/s.197 Cr.P.C is necessary when the offences alleged against the public servant are committed by him while acting or purporting to act in the discharge of his official duty - Further, such act or omission for which the accused was charged should have a reasonable connection..........
