Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court not to venture into probative value of statements recorded or materials collected by police while exercising power u/s 482 Cr.P.C - But, at the same time, when Court finds very prosecution itself is infested with a motive and instituted due to statistical purpose without any materials, Court can..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Final report - Prosecution nothing but malafide one - Final report quashed...........
Criminal Procedure Code, 1973, Section 228 -- Charge - Can be framed even on basis of strong suspicion founded on material before Court...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court is not required to screen evidence or to apply standard whether prosecution will be able to prove the case against accused at the trial - Court has to see only prima facie case against accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 326A, 504, 506 -- Discharge - Offence u/ss 326-A, 504, 506 IPC - Injuries caused by acid burn - Prima facie material to frame charge against accused - Discharge application rightly dismissed...........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Court while refusing to take cognizance for want of prosecution sanction, cannot issue direction to I.O to obtain prosecution sanction...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/Addition of charge - Application for alteration of charge can be moved at any stage before judgment is pronounced by Court...........
