Criminal Procedure Code, 1973, Section 397(2), 228 -- Revision - Framing of charge - Order of framing of charge or that of discharge is neither interlocutory nor final - Order does not attract bar of S.397(2) Cr.P.C - Revision against order framing charge is maintainable...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - At the stage of discharge/framing of charge, Judge is merely required to shift evidence in order to find out whether or not there is sufficient ground for proceeding against accused...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Does not mean that accused is guilty, it only implies accused may be guilty...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional Court has to only consider correctness, legality or propriety of any finding inter se an order and as to regularity of proceedings of any inferior Court...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 447, 323, 34 -- Appeal against acquittal - Two views possible from the evidence of PWs - View which is favourable to accused and if it appears to Court that view taken by trial court is a reasonably possible, then, such view should not be disturbed by appellate court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per FSL report aluminium phosphide detected in post mortem - Relationship between accused and deceased prima facie appears to be consensual - Both were of age of majority - Investigation of the case already stands completed - Charges are framed and trial..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Victim seeking permission to address oral arguments to oppose anticipatory bail - Court to hear counsel for the victim on merits of anticipatory bail application, after conclusion of arguments on behalf of State and Court shall thereafter decide anticipatory bail application as expeditiously as possible...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C - Recording of statement u/s 313 Cr.P.C. is between Court and accused - There is no role of defence lawyer when statement of accused is recorded u/s 313 Cr.P.C. directly by Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
