Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Metropolitan Magistrate cannot examine whether discretion of I.O to arrest or not to arrest accused, has been properly exercised - He is only concerned with charge sheet - He may return charge sheet if he finds that investigation is not complete, or charge sheet is not borne out from evidence collected..........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition/alteration of charge - Trial Court can alter/add charge already framed at any stage before judgment is pronounced provided that safeguards u/ss 216, 217 Cr.P.C. are followed so that no prejudice is caused to accused...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 302, 376A, 392, 201 -- Non-framing of additional charge u/s 302 IPC - Charge already framed u/ss 376-A, 392, 201 IPC - Ingredients and sentences prescribed under both the offences i.e S.302 and S.376-A IPC are different and S.302 IPC is not a minor offence to S.376-A IPC - Order passed declining..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Cannot vitiate conviction when there is adequate independent evidence to bring home the charge against the accused...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of charge, Court is required to peruse entire material placed by prosecution - For purpose of considering whether charge can be framed against accused, Court can sift material placed before it...........
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506 -- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8, 21, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Recovery of 370 gms smack - Charge sheet not filed within prescribed period of 180 days in terms of S.36-A(4) of NDPS Act - Bail application filed on 182nd day of arrest of petitioner - When bail application was under..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
