Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of discharge, Court is only required to consider as to whether there are sufficient materials which can justify launch of a criminal trial against accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 408, 120B -- Framing of charge - Offence u/ss 408, 120-B IPC - Petitioner in conspiracy with co-accused had embezzled an amount of Rs. 83,84,447 of complainant's company - Although, petitioner was initially found to be innocent by police, however, on allowing an application filed by prosecution..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge - Discharge of accused is only permissible when case set up by investigating agency in the final report filed before trial Court u/s 173 Cr.P.C. has no basis or foundation - Trial Court cannot consider the probable defence of accused in the case at this stage...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Suicide note shows that appellant was asking deceased to repay the loan guaranteed by deceased and advanced to one `R' - It could not be said that appellant by performing his duty of realising outstanding loans at the behest of his employer can be said to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, Court cannot look into any document other than prosecution records either presented by accused or by any other means which do not form part of prosecution records...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376(2)(n), (f) -- Discharge - Rape - Victim specifically stated that accused subjected her to repeated sexual intercourse on the promise of marriage and thereafter retracted therefrom - Consent if any given by victim is vitiated as dealt u/s 90 IPC - Prosecution materials prima facie show..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While exercising power u/s 227 Cr.P.C. judge concerned has to consider only record of case and documents produced along with the same - If on such consideration Court forms an opinion that there is no sufficient ground to proceed against accused concerned, accused shall be discharged after recording reasons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b), Criminal Procedure Code, 1973, Section 227 -- Contraband - Discharge - Appellant arraigned as accused based on the confessional statement of co-accused - However, in the absence of any other material on record to connect the appellant with the crime, confessional statement of co-accused by itself cannot..........
