Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - Appellants are more than 60 years and 67 years respectively - They have suffered various age related ailments - Appellants are facing trial for the last 32 years - Benefit of probation granted to appellants...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner moved an application u/s 319 Cr.P.C. for arraigning driver of bus - However, material brought on record, FIR, charge sheet, statements of five witnesses, site memo and information of I.O. which in an unequivocal and unambiguous term indicates that negligence of accused `S' who was..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of discharge, Court is only required to consider as to whether there are sufficient materials which can justify launch of a criminal trial against accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Bail - Cheating - Allegation that respondents/accused persons for their own benefit tried to compromise the sanctity of competitive examination - Let the accused persons stand trial and let it be established by process of law that accused have indeed not committed any crime..........
Criminal Procedure Code, 1973, Section 273 -- Personal attendance of accused - Permission to attend trial through video conferencing - Non-appearance of accused may be attributed to various reasons, such as need to maintain law and order, transportation difficulties from jail to Court, unavailability of police escort team or other logistical constraints - Six years have..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482, 306(5) -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Committal of case to Session Court - CJM tendered pardon to accused 7 and 8, and the same was accepted by them - Sec.306(5) Cr.P.C specifically provides where person accepts tender of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Clerical error in name of Court in summons - Petitioner alleged that summons were received from Special Court for CBI cases, but trial is conducted by Additional Session Court - However,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Two charge sheets submitted by investigation agency - However, as per record CBI initially submitted charge sheet before Special Court, which returned the same, and CBI later submitted final..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Petitioner contended he was discharging duty as valuer of property involved in transaction - However, prosecution made specific allegations pointing involvement of petitioner and other accused..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
