Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person as..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - While framing charge very foundation of formation of opinion is that as to whether there is sufficient material on record to prima facie make out a case of commission of an offence - Word prima facie when used in terms of prima facie view as far as consideration on the point of framing charge is concerned,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 408, 120B -- Framing of charge - Offence u/ss 408, 120-B IPC - Petitioner in conspiracy with co-accused had embezzled an amount of Rs. 83,84,447 of complainant's company - Although, petitioner was initially found to be innocent by police, however, on allowing an application filed by prosecution..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court cannot consider documents which are not admitted by prosecution...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Likelihood of accused in succeeding to establish his probable defence cannot be a ground for his discharge...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court should not enter into appreciation of evidence to verify if the defence plea can be established by accused or not...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When Magistrate considers charge against accused to be groundless which means without any basis or foundation, accused can be discharged...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When materials at the time of consideration for framing charge are of such a nature that if unrebutted, it would make out no case whatsoever, accused should be discharged...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of period of 90 days - Day on which accused was remanded to judicial custody should be excluded and the day on which challan is filed in the Court, should be included...........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
