Criminal Procedure Code, 1973, Section 439 -- Bail - Parameters for grant of bail are tampering with evidence or investigation and absconsion - Tampering with evidence or investigation no longer relevant as charge sheet already filed - Possibility of absconsion is remote of a sitting MLA - Bail granted...........
Criminal Procedure Code, 1973, Section 482 -- Accused involved in large number of cases - Instead of filing a frivolous charge sheet police officials should resort to preventive measures - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Validity - There is no material on record of case by which any logical conclusion can be arrived that petitioners in any manner tortured or pressurized the deceased or instigated him to commit suicide - There is no such evidence on record of the case to show that accused assaulted deceased before his death -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of officers - Held, every person who was i, charge of and was responsible to company for conduct of business of company, as well as company, is responsible for offence - A heavy burden is on the shoulder of such person to show that offence has been committed without..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Harassment or cruelty soon before death - Proof of - PW1, father of deceased not stated in his evidence that there was demand of television, tape recorder and two sovereigns of gold jewels by appellants - He says that his daughter came to his house two months prior to her death and told him that she would not be..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Dispute of civil nature - Held, allowing the prosecution of applicant to go on for the charge u/s 420 IPC, which is not made out at all, will not serve the interest of justice - Proceedings liable to be quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 239, 240 -- Charge - Framing of - Held, at the time of framing charge, Court is to frame charges on the basis of documents attached with police report submitted u/s 173 of CrPC and for framing the charges, no material/evidence beyond said documents can be looked into...........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Duty of Court - Held, Magistrate is competent to frame charge on consideration of documents and other material attached with police report submitted u/s 173 CrPC and finding that a prima facie case has been made out - It is also well settled that at the stage of framing of charge, Court need not to pass..........
Criminal Procedure Code, 1973, Section 239, 240 -- Framing of charge - Judicial review - Held, revisional Court can examine correctness of the order framing charge by reference to documents referred to in S.239 and 240 CrPC and that Court could not quash charges on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Indian Penal Code, 1860, Section 376, 511 -- Rape of minor girl - Testimony of eye witness who had seen the accused putting his male organ on the private part of the victim - Evidence of doctor that vagina of victim defused swelling all around lebia majora - Multiple superficial laceration present over clitoris - It was categorically stated by doctor that 'possibility of..........
