Criminal Procedure Code, 1973, Section 482 -- Charge - Quashing of - Main accused discharged and order of discharge sustained till Supreme Court - Charge against co-accused also quashed...........
Criminal Procedure Code, 1973, Section 245 -- Discharge of accused - Power of committal court - Held, committal court has no power to discharge accused - Magistrate has no power either to add any one as accused or to delete any one of the accused - Absolutely there is no provision for accused to file any discharge application before committal court and for court to deal..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Omission to read over and explain charges to accused in absence of proof of any prejudice was held to be not sufficient to vitiate trial...........
Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427 -- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In..........
Criminal Procedure Code, 1973, Section 446 -- Discharge of surety from bail bonds - Appellant's husband stood surety for accused - Accused jumped bail - Surety died prior to forfeiture of bonds - Held the estate left behind by the surety stands discharged from all liabilities in respect of the bonds furnished by him...........
Criminal Procedure Code, 1973, Section 202 -- Recall of process - When permissible? - Held, Sessions Court should be slow in interfering with prosecutions filed before Courts of Magistrates - It is only when facts alleged do not constitute any offence, whatsoever, order issuing process may be recalled - Process cannot be recalled when it would amount to stifling of..........
Criminal Procedure Code, 1973, Section 228 -- Discharge of accused prior to framing of charge - The broad test to be applied is whether the materials on record, if unrebutted makes a conviction reasonably possible...........
Criminal Procedure Code, 1973, Section 197 -- Sanction - If an offence is committed within the scope of the official duty then protection u/s 197 Cr.P.C. is claimable but if the offence is entirely unconnected with the official duties then protection under the provision is not available - There should be reasonable connection between the act and discharge of official..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of money deposited with Post Office - Complaint - Statement of complainant recorded - Thereafter complaint sent to police for investigation u/s 202 Cr.P.C. - On receipt of report of police Magistrate summoned petitioner - Revision against - Dismissed - Held,..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protective cover of S.197 Cr.P.C. does not cover every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of his official duty...........
