Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Evidence of accused or defence evidence and any question of fact cannot be determined at the stage u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 407, 468, 471, 260, 263Ka -- Quashing of charge sheet - Cheating - Fake stamps - Allegations made in FIR show that victim incorporated ingredients necessary for prosecuting accused for offence alleged - Question whether complainant will be able to prove allegation in the manner known to..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim u/s 164 Cr.P.C - Rape case - Statement of victim recorded u/s 164 Cr.P.C as substantive evidence in chief - This is absolutely in contravention of scope of evidentiary value of a statement u/s 164 Cr.P.C and against principles of examination, cross-examination and re-examination of witness under Evidence Act..........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot appreciate evidence that has been collected by prosecution against accused while deciding bail application...........
Indian Penal Code, 1860, Section 366, 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix a major girl - She had eloped with accused number of times and both made physical relations - Prosecutrix visited several places with accused..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - What Magistrate has to determine at the stage of issue of process is not correctness or probability or improbability of individual items of evidence on disputable grounds, but existence or otherwise of a prima facie case on assumption that what is stated could be true unless prosecution allegations are so..........
Criminal Procedure Code, 1973, Section 398 -- Further inquiry - Remand of matter for further enquiry does not necessarily oblige Magistrate to record any further evidence in the case - Nature of further inquiry is in discretion of Magistrate which may or may not include recording of further evidence on behalf of complainant...........
