Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, possibility of acquittal of accused are not to be taken into consideration, rather it is to be seen whether prima facie case is made out or not...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Irrespective of any date mentioned regarding preparation of charge-sheet, date of its submission before Court is only relevant for the purpose of default bail u/s 167(2) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 52 kg 850 gms Ganja - Default bail - Accused have not been informed of their right of default bail on expiry of period of 180 days nor have they been informed of such right while taking cognizance upon charge sheet filed by..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, trial Court is not required to conduct a meticulous appreciation of evidence or a roving enquiry into the same...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - If a strong suspicion exists in the mind of Court at the stage of framing of charge, then same is sufficient for Court to proceed with framing of charge against accused - However, if a prayer for discharge has been made before revisional Court, then same may only be allowed if Court finds that materials..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 177, 420, Passport (Entry into India) Act, 1920, Section 2 -- Quashing of FIR - Compromise - Since offence u/s 177 IPC does not prima facie appear to be so grave and nor is so heinous so as to attract the rigour of embargo foisted upon the High Court in Gian Singh`s case - Therefore, settlement as..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For arraigning an additional accused, there has to be much stronger evidence against accused than mere probability of his involvement in the crime...........
Criminal Procedure Code, 1973, Section 190(1)(b), 204 -- Cognizance of offence - Summoning of additional accused - Magistrate is empowered to take cognizance of offence and thereby summon any other person as an additional accused who may also appear to have committed offence from facts stated in charge sheet of police...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Falsity of accusation, delay in lodging FIR or plea of alibi, are not germane to adjudication of application seeking grant of default bail...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376AB, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Default bail - Rape - Non-filing of FSL report with challan does not make the challan incomplete, as for an offence of sexual assault, final report would be complete on statement of prosecutrix u/ss 161, 164 Cr.P.C..........
