Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Code of Criminal Procedure is epitome of law and is complete Code relating to Criminal Procedure from the first stage of filing the complaint, framing of charge till the conclusion of the trial and all other related matters - Likewise, if there is no material/evidence on record, then accused would be..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Appellant took deceased from his house at 7.30 p.m. - No further evidence of two being together thereafter - Deceased being found injured at public street at 10.15 p.m. - Evidence of last seen lose its incriminating character if place was a public place as possibility of somebody..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Charge not yet framed - Proceeding cannot be quashed at the initial stage...........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Words "there is sufficient ground for proceeding or not" - Meaning - Held, it means a prima facie case being disclosed against accused which, if remains u, rebutted, will be sufficient for his conviction - If, taken as a whole on the face of it, prosecution story remains in a realm of suspicion and..........
Criminal Procedure Code, 1973, Section 173, 190(c), 200 -- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge sheet...........
Criminal Procedure Code, 1973, Section 173, 190, 202, 203 -- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even in this..........
Criminal Procedure Code, 1973, Section 173, 200 -- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an enquiry by Magistrate u/s 200..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Murder case - FIR against unknown persons - Charge sheet filed - Appellant not named an accused - CJM committing the accused to the Court of Sessions - Summoning in a private complaint against persons left out by police in the course of investigation - Summoning order quashed - Once the..........
Criminal Procedure Code, 1973, Section 464 -- Charge - Omission to frame - Effect of defect thereof - Held, a finding or sentence of a Court shall not be set aside merely on the ground that a charge was not framed or that charge was defective unless it has occasioned in prejudice - Because of a mere defect in language or in narration or in form of charge conviction would..........
