Criminal Procedure Code, 1973, Section 216 -- Charge - Correction - Correcting date of incident - Wrong mentioning of date of incident in charge, does not vitiate trial, particularly when accused knew that he is asked to face trial for actual date of incident - However, order as to correction of date of incident cannot be said to be without jurisdiction...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge altered u/s 364 IPC to S.364-A IPC - FIR and charge sheet filed for the offence u/ss 302, 201, 364-A IPC - However, due to inadvertent mistake, S.364 IPC inducted instead of S.364-A IPC - Accused fully understood the charges and defended the matter - No prejudice therefore can be said to have been..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Purpose of framing the charge is to put the accused at notice regarding offence for which he is being tried before the Court and to ensure that accused receives details thereabout so that he does not suffer prejudice...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge against a person can only be framed if there exists a strong suspicion but nothing less than that - Mere suspicion without any basis cannot be the reason for framing of charge against a person and putting him to trial...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227, 228 -- Offence u/ss 304-B, 498-A, 34 IPC - Framing of charge - Discharge of mother-i, law and married sister-i, law of deceased - Deceased committed suicide in her matrimonial home - Suicide note was found in which guilt has not been saddled on any of accused, much less mother-i,..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Gold ornaments - Since stage of inquiry is concluded and there is no charge against petitioner and accused No.1, Court has to return gold ornaments to petitioner - Even though gold ornaments belong to petitioner's wife, it was petitioner who pledged the gold ornaments and therefore, it has to be..........
Criminal Procedure Code, 1973, Section 173(8) -- Final report - Court receiving Final Report has no power or authority to direct investigating agency to file charge sheet in the matter...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Certain factors to be considered while granting bail are : (i) nature of accusation and severity of punishment in cases of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with the witnesses for apprehension of threat to complainant; and (iii) Prima facie satisfaction of Court in..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge can be framed only after hearing which means after affording opportunity of hearing to accused - Accused has right to take plea of his discharge in relevant cases u/s 227 Cr.P.C. - However, if accused does not exercise his right even in that case charge is framed u/s 228 Cr.P.C...........
