Criminal Procedure Code, 1973, Section 218 -- Non-framing of charge - Appellant had been charged of offence punishable u/s 420 of the Penal Code, whereas other accused persons had been charged of offence punishable u/ss 468 and 471 r/w S.34 and 109 of the Penal Code - Appellant convicted u/ss 468 & 471 - Held, appellant should not have been convicted for offences for which..........
Criminal Procedure Code, 1973, Section 300(1) -- Second trial - Bar as to - Held, as per S.300(1) of the Code, what is barred is a second trial for same offence or, any other offence based on same facts for which a charge different from one made against accused might have been made u/s 221(1) of the Code...........
Criminal Procedure Code, 1973, Section 177 -- Territorial jurisdiction - Territorial jurisdiction of a court with regard to criminal offence is to be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed and the mere fact that FIR was registered in a particular State is not the sole criterion to decide that no..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498A - Framing of charge - Quashing of order - Application filed by brothers, their wives and sisters of husband of complainant - Accused persons have been allegedly torturing complainant for car in dowry and by calling her `baanjh' for not giving child - As per..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - While granting maintenance Court created charge of maintenance on property of husband so that right of maintenance is not defeated by alienation - Held, that charge can always be created on the property by wife or other dependent to secure the maintenance...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Only a statement in FIR that complainant strongly believes that murder of her father was preplanned and there were many conspirators involved, there is no direct evidence of complicity of appellant in the incident - Held, that evidence which seeks to connect the appellants with the commission of offence is..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - On the basis of evidence led additional accused summoned by holding that a strong suspicion can be a ground to proceed against any person in a criminal case - Strong suspicion is a criterion for framing a charge but not for summoning a person as an additional accused - There was no possibility of recording..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Strong suspicion is a criterion for framing a charge but for summoning a person as an additional accused a different legal principle is required to be applied - Court has to exercise power u/s 319 Cr.P.C. on the basis of fresh evidence brought before the Court...........
Criminal Procedure Code, 1973, Section 227 -- Charge - At the time of framing of charge or taking cognizance accused has no right to produce any material...........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - At the time of framing of charge or taking cognizance the accused has no right to produce any material...........
