Criminal Procedure Code, 1973, Section 244, 245, 246 -- Framing of charge - Procedure to be followed - Held, while framing charges on a Police report which is confined to material collected during the course of investigation, if Court finds that there is ground for presuming that accused has committed offence, it can frame charge - If he finds that no case against accused..........
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - The stage u/s 245 Cr.P.C. reaches after recoding evidence of the complainant u/s 244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Civil dispute between two real brothers regarding some house for which civil suit is pending as a result of which complainant has roped in all the family members of his real brother - Held, simply on such ground discharge application cannot legally be allowed because after recording evidence of both the parties at..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge of accused on his first day of appearance - Not sufficient averment in complaint for the alleged offence - Accused can be discharged even on the first day of his appearance even before recording evidence u/s 244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Criminal Procedure Code, 1973, Section 245,401 -- Discharge - Revision - Nine accused persons charged u/ss 406, 511 r/w S.34 IPC - All accused persons moved application for discharge u/s 245(2) of CrPC - By impugned order Magistrate discharged seven accused persons - Remaining two accused persons challenged order of Magistrate by filing revision petition - Held, own..........
Criminal Procedure Code, 1973, Section 245,407 -- Discharge by trial court - Legality of - Held, trial court discharged accused Nos.3 to 9 and entertained their prayer for discharge in flagrant violation of mandate of solemn order of this court and decided questions of fact at pre trial stage without giving opportunity to both parties to adduce evidence - Order of..........
Criminal Procedure Code, 1973, Section 245 -- FIR lodged with the police - Investigating agency after investigation filed closure report as no incriminating evidence could be gathered against accused for any offence - Closure report accepted without giving notice to the complainant - Held, there is no illegality as complainant was a Govt. official and was represented by..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Defence version/materials cannot be taken into consideration at the stage of discharge - At the stage of framing charge or considering an application for discharge the material produced by prosecution alone is relevant and not the materials produced by the accused...........
