Criminal Procedure Code, 1973, Section 227 -- Discharge - While arguing a case for discharge, accused will not be in a position to rely upon any document which is not the part of charge sheet...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Ground of abuse of process of law will not be available while arguing discharge application...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Accused can rely upon documents which are not the part of charge sheet in proceedings for quashing either u/s 482 Cr.P.C or Art.226 of Constitution, as a wider challenge is available in such petition including a challenge on the ground of abuse of process of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that there are few discrepancies in the FIR compared to statement of victim recorded u/s 164 Cr.P.C, same is not a good ground to exercise discretion in favour of an accused in a serious offence like rape...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342 -- Bail - Rape - Victim is yet to be examined - Mother of victim who is an eye witness to the incident has also not been examined so far - Without disturbing the order of bail granted by High Court, respondent/accused directed not to enter the said village where victim and her mother are..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Quashing - Courts to consider the contentions that there is lack of specific allegations against accused concerned to constitute the offence(s) against a relative or that the implication was nothing but an over implication to pressurise the family of husband to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 34 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 34 IPC - Six counterfeit currency notes of Rs.500 are subject matter of offence - Appellant has been incarcerated for two and a half years - There are no antecedents of appellant - Trial is not likely to conclude in a reasonable time..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal is not likely to be heard before appellant undergoes the entire sentence, as there are huge pendency of old cases - Moreover, accused had undergone half of the sentence - Appellant is, entitled to relief of suspension of sentence and bail pending final disposal of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, trial Court cannot consider any documents which are not part of charge sheet...........
