Prevention of Terrorism Act, 2002, Prevention of Terrorism (Repeal) Act, 2004, Criminal Procedure Code, 1973, Section 227 -- As amended by Ordinance of 2003 - Special leave petition relating to effect of recommendation made by review committee - Similar question referred to Larger Bench - Present appeal should also be considered by Larger Bench - Petition be placed before..........
Criminal Procedure Code, 1973, Section 227 -- Prevention of Terrorism Act, 2002 (As amended by Ordinance of 2003), Prevention of Terrorism (Repeal) Act, 2004 - Special leave petition relating to effect of recommendation made by review committee - Similar question referred to Larger Bench - Present appeal should also be considered by Larger Bench - Petition be placed before..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227, 228 -- Abetment to commit suicide - Framing of charges - Accused went for inspection of godown and found shortage of Rs.3,000/- in cash box - Victim admitted same and promised that he will recoup said amount - Thereafter he was continuously consuming liquor - As per statement of `C' who was..........
Criminal Procedure Code, 1973, Section 245, 227 -- Discharge of accused - Complaint by wife u/ss 498-A, 494, 406 against husband and i, laws - Magistrate after going through allegations made in the complaint petition and also statements of witnesses of complainant examined before charge on behalf of complainant came to conclusion that there was sufficient ground that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 178, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Cause of action arose within State of Kerala but complaint filed in a Court outside the State of Kerala - Kerala High Court is not competent to quash the complaint or interfere with the proceedings before a..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Applicant is not accused of kidnapping or abducting at all - Framing of charge against accused for criminal conspiracy to commit the same - Held, applicant cannot be held to be guilty prima facie of criminal conspiracy to commit the same - Basic ingredient of offence of criminal conspiracy namely a..........
Criminal Procedure Code, 1973, Section 227, 239, 245 -- Charge - Framing of - Reasons for framing charge need not to be recorded - Court has to form an opinion only - However, in case order of discharge is to be passed, it is imperative to record reasons - If reasons are recorded in case of framing of charge, there is likelihood of prejudicing the case of accused put on..........
Criminal Procedure Code, 1973, Section 227, 239, 245 -- Charge - Framing of - Question of jurisdiction - Reasons dealing with plea relating to jurisdiction have to be recorded...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - It is a prima facie expression of opinion that sufficient grounds exist to proceed against an accused - A court endeavours at the stage of framing of charge to ascertain, whether the prosecution has placed sufficient material before it to enable it to proceed to try an accused - Even a strong suspicion..........
Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 144(5), 144(1), 144(2) -- Provision of S.144(5) Cr.P.C. does not take away jurisdiction of High Court to quash an order passed by Magistrate u/s 144(1) or 144(2) if such action is warranted by the circumstances of a case...........
