Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioner being government employee was not acting in the course of his official duties at the time of alleged incident - There is thus, no requirement to seek prosecution sanction to proceed against petitioner in relation to these alleged offences - Petitioner cannot invoke protection of S.197..........
Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Scope - Provision of S.4 of Probation of Offenders Act is wider and expansive in its coverage than the one u/s 360(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 4 -- Probation - If S.360 Cr.P.C. is not applicable in a particular case, there is no reason why S.4 of Probation Act would not be attracted...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Conviction u/s 498-A IPC - Release on probation - Court of Sessions and High Court omitted to consider whether appellants can be granted benefit of probation either u/s 360(1) Cr.P.C. or u/s 4 Probation Act - Matter remitted to High Court for..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - At the time of framing of charge, Court has to see whether the act, irrespective of its result was done with intention or knowledge and under the circumstances mentioned in S.307 IPC...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When an appeal against conviction is preferred before High Court, at the earliest stage, High Court must examine whether there is a proper statement of accused recorded u/s 313 CrPC (S.351 of Bharatiya Nagarik Suraksha Sanhita) - If any defect is found, at that stage same can be cured either by High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
