Criminal Procedure Code, 1973, Section 173, 173(8) -- Charge sheet and supplementary charge sheet - Court while framing charges, did not consider supplementary challan filed u/s 173(8) Cr.P.C - Order framing charge set aside - Trial Court to pass a fresh order after considering both the reports along with documents produced on file...........
Criminal Procedure Code, 1973, Section 207, 208 -- Supply of deficient/illegible documents - Proceedings under Prevention of Money Laundering Act (PMLA Act) - Neither S.207 Cr.P.C nor S.208 Cr.P.C can be applied mutatis mutandis to proceedings under PMLA Act - Matter is at the stage of pre-charge consideration and this stage cannot be construed to be a stage of trial -..........
Criminal Procedure Code, 1973, Section 91, 227 -- Production of documents - Case at the stage of framing of charge - Trial Court is not to look into defence set up by accused at this stage, which he can lead only during trial at appropriate stage - Moreover, in application except for CCTV recording, there is no reference to relate other documents in alleged incident -..........
Criminal Procedure Code, 1973, Section 200, 190 -- Medical negligence - Private complaint against doctor - Private complaint should not be entertained against a Doctor unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Neither prosecution nor defence has any right for alteration of charges u/s 216 Cr.P.C and their right is only confined to bring some evidence or fact into notice of Court for alteration of charge - But thereafter it is only upon Court to alter charge or reject application for alteration of charges...........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Non-recording of statement of victim u/s 161 Cr.P.C - No objection raised by accused while framing charge against him u/s 325 IPC regarding non-recording of statement of victim u/s 161 Cr.P.C - Therefore, at the distant point of time, said ground cannot be raised in proceedings u/s 482 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20 -- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that..........
Criminal Procedure Code, 1973, Section 482, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 53(a) - - Quashing of order taking cognizance - Offence u/s 53(a) of the Act - Consumption of liquor has to be happen within State of Bihar as per S.53(a) of the Act - Whether charge that consumption of liquor has taken place within State of Bihar is made out..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge it has only to be seen prima facie whether sufficient grounds are available on record to proceed against him and even strong suspicion is enough to frame charge - At this stage evidence is not required to be analyzed, as it is required to be done at the final stage after trial...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Cannot be refused merely on the ground that trial would start de novo...........
