Criminal Procedure Code, 1973, Section 227 -- Discharge - Purpose of S.227 Cr.P.C is to ensure that Court should be satisfied that accusations made against accused is not frivolous and that there is some material for proceeding against accused...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Material on record shows that there is reason to proceed against accused - Notarized affidavit subsequently signed by de facto complainants cannot be taken in isolation by Court so as to discharge the accused - Application rightly dismissed...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Civil Revision Petition under Article 227 of Constitution to reject plaint - Not maintainable when remedy is available U.O.7.R.11 CPC...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of hearing on the charges entire evidence produced by prosecution is to be believed - In case no offence is made out then only an accused can be discharged - Truthfulness, sufficiency and acceptability of material produced can be done only at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Psychological Evaluation Test Report - May not be sufficient to convict an accused but it is certainly a material piece of evidence - Despite this material on record, High Court could not have opined that case was not made out even for framing of charge, for which only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........
Criminal Procedure Code, 1973, Section 300, 227 -- Applicability of S.300 Cr.P.C. - Has to be considered at the stage of discharge u/s 227 Cr.P.C, which is a stage prior to framing of charge u/s 228 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape - Charge can be framed solely on the basis of statement made u/s 164 Cr.P.C. even if such an allegation is not made in FIR or in statement u/s 161 Cr.P.C...........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Refusing to appoint local commissioner - Revision - Maintainability - Neither any issue has been decided nor rights of parties adjudicated in refusing to appoint local commissioner - Revision against such an order is not maintainable...........
