Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Criminal Procedure Code, 1973, Section 216, 386, 464 -- Alteration of charge - An alteration of charge where no prejudice is caused to accused or prosecution is well within powers and jurisdiction of Court including Appellate Court - It is only when any omission to frame charge initially or till culmination of proceedings or at appellate stage results in failure of justice..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted -..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34 -- Alteration of charge from S.149 IPC to S.34 IPC - Fight between two groups by exchanging gun shots - 11 accused convicted - Eight co-accused were acquitted by High Court u/ss 302, 149 IPC - Charge u/s 149 IPC collapsed against rest of 3 accused, as there could be no unlawful assembly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 341, 216, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 148, 341, 216, 149 IPC and S.25 Arms Act - No recovery effected from petitioner - Even, there is no eye witness account - All material witnesses have been examined - Trial may take time to conclude -..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - It is not necessary that alteration of charge can be considered only after recording of evidence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - It is not necessary that application for alteration of charge ought to have been moved by Public prosecutor...........
Criminal Procedure Code, 1973, Section 216, 323 -- Addition of charge - Charge u/s 307 IPC - Committal of case to Sessions Court - Complaint reveals that there was an attempt to strangulate victim - No exception therefore, can be taken to order passed by Magistrate adding S.307 IPC - Said offence is triable by Court of Sessions - Case rightly committed to Sessions Court...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 323, 341, 506, 379B, 201, 216, 34 -- Cancellation of bail - Offence u/ss.302, 323, 341, 506, 379-B, 201, 216, 34 - As accused are putting pressure upon witnesses for compromise and posting of such type of video on facebook shows their conduct that they are indirectly threatening witnesses..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Charge altered u/s 302 IPC to S.304-A IPC by High Court - Validity - Blast occurred in factory premises which took the life of seven workers - No fault occurred in decision of High Court for altering the charge - Without expressing any opinion on factual controversy, Sessions Judge directed to..........
