Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After filing of charge sheet - Power of Magistrate - If Magistrate does not agree with police report, he may order further investigation which is done in his capacity as supervisory authority in relation to investigation carried out by police - However, such power would continue to ensure in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Discharge - High Court allowed discharge application of A-2 and dismissed the discharge application of A-1 by not adverting to fact that charge made against A-2 is also of abetting commission of offence by A-1 - Neither any reasons recorded nor application of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Second bail application - Cheating - Accused 65 years old arrested in May 2019 - Charge sheet has already been filed - No recovery is now required to be effected from accused - Accused released on bail...........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate u/s 65-B(4) of the Act - Can be accepted at later stage, if it was not filed along with charge sheet...........
Indian Penal Code, 1860, Section 304A, 288 -- Offence u/ss 304-A, 288 IPC - Quashing of FIR - Settlement entered into between accused and family of deceased - Family of deceased do not want to take any further action in said matter - Case is pending investigation and charge sheet is yet to be filed - Deceased and other persons were involved in manual labour of carrying..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Role ascribed to appellant in the FIR is that he came to the spot with a country made revolver - No evidence on record that appellant fired upon deceased - High Court summoned the appellant merely on the ground that power u/s 319 Cr.P.C is available even if person is not named in FIR or charge..........
Criminal Procedure Code, 1973, Section 227, 228 -- Charge - Production of documents seized but not relied upon in the final report - Court is not handicapped to consider the relevant material at the stage of framing of charge, which is not relied upon by investigator or prosecutor, but is of such quality that consideration thereof would result in to demolition of the case..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Charge sheet filed and other co-accused enlarged on bail - Though allegations against respondent No.1 are of a serious nature, the present custody being prior to trial the same cannot be treated as one after conviction so as to deny bail based only on the allegations, though in appropriate cases the same is also to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Cancellation of - Once accused is released on bail u/s 167(2) Proviso Cr.P.C, he cannot be taken into custody merely on filing of charge sheet...........
