Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 323, 325, 355, 417, 149 -- Discharge - Complaint against police officials - Respondents discharged by Magistrate by recording findings that there was no evidence against the accused warranting the frame of charge against them - Held that the complainant was pitted against the might of the police -..........
Criminal Procedure Code, 1973, Section 227, 228, 240, 245 -- Framing of charge - At the stage of framing of charge, probative value of the materials on record cannot be gone into - Materials brought on record by prosecution have to r)e accepted as true at that stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245(2) -- Dishonour of cheque - At the time of taking cognizance Court is required to consider the material adduced on behalf of the complainant as to whether the same is sufficient for taking cognizance or not - Court is not required to consider the case of defence - However, after..........
