Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of charge-sheet - Allegations were made against winning candidate that date of birth mentioned in the nomination papers was wrong and thus, he cheated other candidates, who contested election as well as university's authorities - Contention of applicant that actual date of birth of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Accused alleged to have committed offences u/ss 107 and 306, IPC - Deceased employee was made to face intense insult and get scolded in front of other subordinates and as a result thereof committed suicide - Held, deceased was a degree holder engineer, a very qualified man and his social and mental..........
Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A and 406 of IPC - Matrimonial dispute - Quashing of charge-sheet and proceedings - Settlement arrived at between the parties and marriage stood dissolved by mutual consent - Entire settled amount has been received by wife - She is no more interested to pursue the matter - She has no objection if FIR is quashed..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Criminal Procedure Code, 1973, Section 311 -- Further evidence - Court in exercise of power u/s 311 Cr.P.C. can summon a person as a witness even when his name is not mentioned in FIR or in charge sheet - However, this power can be exercised only by indicating reasons as to why evidence of the witness is necessary for dispensation of justice...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court rejected bail application on 08.12.2009 - Charge-sheet already stood filed on 03.12.2009 - Sessions Judge allowed subsequent bail application on 31.12.2009 - Application for cancellation of bail - No changes in circumstance during the period between 08.12.2009 till 31.12.2009 - Held,..........
Criminal Procedure Code, 1973, Section 195(1)(a), 482, Indian Penal Code, 1860, Section 188 -- Order passed by public servant - Disobedience of - Cognizance of offence - Tehsildar submitted a report to Town Inspector, who appears to have forwarded the report to Police Station leading to registration of criminal case u/s 188 of IPC - Police proceeded to investigate the..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Cognizance against - Scope - Held, Court has discretionary power to proceed against persons other than those against whom charge-sheet has been filed - But the rider is that in the course of any inquiry into or trial of an offence, if it appears from evidence that any person not being accused, has committed..........
Criminal Procedure Code, 1973, Section 482 -- Charge sheet cannot be quashed on the ground that investigation was done by Head Constable who was not authorised to investigate...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420B, 468, 471, 109 -- Bail - Offence u/ss 13(2), 13(1)(d) Prevention of Corruption Act and Ss.420-B, 468, 471 & 109 IPC - Economic offence of huge magnitude - Investigation completed and charge sheet filed - No serious allegation that..........
