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...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Serious allegations made against accused of funding commission of murder of deceased by hatching a conspiracy along with other accused - No material on record to discharge accused - No fault can be found with order passed by Special Court rejecting discharge application - Application for discharge rightly..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court to conduct a simple and necessary inquiry and not roving inquiry for coming to conclusion that a prima facie case is made out for accused to stand trial...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering discharge application, Courts are not expected to go through documents placed before it in support of their case forming not a part of police report...........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3 -- Discharge - Offence u/s 3 of Prevention of Money Laundering Act - Accused No.1 already acquitted of the scheduled offence and present appellants not accused of any scheduled offence - Discharge application allowed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
