Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Demand of dowry - Magistrate found a prima facie case against accused after inquiry and as such accused were summoned - At this stage there is no occasion to look into the question,..........
Criminal Procedure Code, 1973, Section 228, 240, 464 -- Framing of charge - Omission to frame written charge - Charge framed already read over and explained to accused - At later stage, charge framed found absent from record - However, no prejudice caused to accused from omission to frame written charge - Framing of fresh charge held, not required - Petition dismissed...........
Criminal Procedure Code, 1973, Section 228(1)(b), 464 -- Omission to frame written charge - S.464 Cr.P.C. naturally comes after S.228(1)(b) Cr.P.C. therefore, S.464 Cr.P.C. is a curative section and the defect that trial Court did not frame in writing a charge against accused can safely be cured...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Statement of two witnesses and documents not forming part of charge sheet - Order of trial Court that prosecution is well within its right to produce only those statements on which it is relying and moreover accused can very well examine those witnesses as defence witnesses and can also produce further..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report by drawing conclusion that no offence is made out and that accused had been falsely implicated - Clearly shows wiping out earlier investigation altogether - S.173(8) cannot be pressed in aid for collecting fresh evidence in the garb of further investigation, which really can be..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - In order to perceive offence u/s 307 IPC is made out or not, though roving inquiry is forbidden but ex-facie presence of injuries over the head is proved on record - Moreover, weapon used by accused can be clarified in trial - Material on record is..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Two reports u/ss 173(2), 173(8) Cr.P.C. contradictory in nature - There will be no question of dropping the case or treating the case as closed by the committal court - Powers of committal Court are limited in respect of the committal of a case - At the time of framing of charge, first and second reports can be..........
Criminal Procedure Code, 1973, Section 227 -- Charge - Examination of witnesses framing charge, to satisfy as to whether sufficient grounds are there or not for putting the accused on trial - Such procedure has no sanction of law...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
