Criminal Procedure Code, 1973, Section 239 -- Discharge - When Magistrate considers charge against accused to be groundless which means without any basis or foundation, accused can be discharged...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When materials at the time of consideration for framing charge are of such a nature that if unrebutted, it would make out no case whatsoever, accused should be discharged...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Court is required to record reasons for accepting or not accepting the grounds urged by petitioner to discharge him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to discharge immoral debt created by her son is not enforceable under law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by petitioner to complainant is to clear the amount illegally accepted by his son for arranging a seat in Medial College for son of complainant - Son of complainant has also participated in the illegal act and even complainant herself is a party to immoral and illegal transaction made..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Last seen evidence - Burden of proof - Appellant was last seen dragging deceased to his house - In view of S.106 of Evidence Act, burden is on appellant to prove as to how incident occurred at his residence - However, he has miserably failed to discharge the onus - Conduct of appellant..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge - Discharge of accused is only permissible when case set up by investigating agency in the final report filed before trial Court u/s 173 Cr.P.C. has no basis or foundation - Trial Court cannot consider the probable defence of accused in the case at this stage...........
