Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Criminal Procedure Code, 1973, Section 50, 482 -- Remand order - Quashing of order - Petitioner was not furnished with grounds of arrest as mandated u/s 50 Cr.P.C - Arrest memo and remand orders reflect that only a printed format memo was provided without mentioning grounds of arrest - Even, no effort was made by Magistrate to ensure adequate legal aid to accused and..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 306, 498A, 34 -- Bail - Dowry death - Accused and his family members started harassing deceased over dowry on the very next day of marriage by stating that deposit of Rs.7,00,000 brought by her from her parental home would fetch only a small car - Though deceased shifted to her parental..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, a mini trial is not permissible and trial Court has to proceed with material brought on record by prosecution and determine whether facts emerging from material taken on its face value, disclose existence of ingredients necessary of offence alleged...........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - False promise of marriage - Physical relationship between appellant and prosecutrix was consensual from the very beginning and cannot be said to be against will or without consent of prosecutrix - Even if case of prosecutrix is accepted, there is no material on record to show..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details record and CCTV footage - Petitioner had been illegally arrested in the case as contended by him - Call records as sought to be preserved by petitioner is to prove his innocence - Security and privacy of police officials investigating the case has been taken care of - Call details which is relevant..........
Indian Penal Code, 1860, Section 294(b), 465, 466, 474, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 227, 197 -- Offence u/Ss. 294(b), 465, 466, 474, 34 IPC and 3(1)(x) SC&ST Act - Framing of charges against Public servant - Necessary sanction provided u/s. 197 Cr.P.C not obtained -..........
