Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Order passed by Court framing charges against accused need not be detailed order, as S.228 Cr.P.C is tentative, meaning thereby if a strong suspicion exists in the mind of Court at the said stage, then same is sufficient for Court to proceed with framing of charge against accused...........
Criminal Procedure Code, 1973, Section 228 -- Word "presuming" in S.228 Cr.P.C has been consciously inserted by legislature with the intention that if Court strongly suspects that accused is in any way connected with commission of alleged offence, then it may proceed to frame charges against accused...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Criminal Procedure Code, 1973, Section 125(1)(b), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Unmarried major daughter - Right of major unmarried daughter for maintenance from parents after attaining majority till her marriage flows from combined reading of S.125 Cr.P.C and S.20(3) of Hindu Adoptions and Maintenance Act - Maintenance rightly..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - Direction to deposit 20% of cheque amount as interim compensation cannot be held as illegal, excessive and in violation of statue - Said order cannot be interfered with - Petition u/s 482 Cr.P.C challenging said order dismissed...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Granted by High Court with conditions - High Court in exercise of its power u/s 482 Cr.P.C. can modify/delete the conditions...........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132, 134 -- Bail - Offence u/ss 132, 134 of 2017 Act - Accused granted facility of ad-interim bail subject to deposit of Rs.4 crores - Since accused deposited a sum of Rs.4 crores and accused has been enjoying facility of ad-interim bail, accused directed to continue to be on bail..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Rejection of bail in non-bailable case at admission stage and cancellation of bail already granted have to be considered and dealt with on different basis - Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted...........
