Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - Defence on merit is not to be considered at the stage of framing of charge and/or at the stage of discharge application...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - At the stage of framing of charge and/or considering discharge application, mini trial is not permissible...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge can be framed even if Court is of view that accused might have committed an offence - Possibility of conviction cannot be a consideration for purpose of framing of charge...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charges, meticulous appreciation of evidence is not required and even a strong suspicion is sufficient to frame charges...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - `Appropriate cases' in which anticipatory bail can be granted - Enumerated - However, instances analysed are not exhaustive and in more `appropriate cases' Court can consider grant of anticipatory bail to an accused after considering entirety of facts and circumstances of the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cases in which Court can refuse to grant anticipatory bail after filing of charge sheet - Enumerated - However, instances analysed are not exhaustive and there may be some unforeseen situations, which Court will consider as per facts and circumstances of the particular case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
