Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to the opposite party...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecution claimed that 25 persons emerged from two vehicles armed with weapons, which is implausible and self contradictory - This inconsistency coupled with own admission by complainant that proposed accused were not seen in the video which was shown in the police station, casts serious..........
Prevention of Money Laundering Act, 2003, Section 45 -- Bail - Conditions enumerated u/s 45 of the Act have to be duly taken into account by Court while considering bail application of accused - Prayer of accused for bail was rejected on the ground that prosecution side never produced charge sheeted accused before Court under arrest - However, order denying bail did but..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - While framing charge very foundation of formation of opinion is that as to whether there is sufficient material on record to prima facie make out a case of commission of an offence - Word prima facie when used in terms of prima facie view as far as consideration on the point of framing charge is concerned,..........
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 239 -- Discharge - At the stage of considering discharge application, Court cannot consider documents which are not admitted by prosecution...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 of N.I Act and prosecution u/s 420 IPC - Both can run simultaneously against accused, as both offences are independent offences...........
Indian Penal Code, 1860, Section 366A -- Offence u/s 366-A IPC - Prosecution is required to prove through cogent and reliable evidence that victim girl under the age of 18 years was induced to go from one place to another with the intention that such girl may be forced or seduced to have illicit intercourse with another person - However, evidence available on record does..........
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..........
