Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Vehicle in question was driven so speedily, rashly and negligently that accused could not stop it upto 85 ft. even after application of brake, which resulted into death of 8 persons - It cannot be said that in all such..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Statement in panchnama cannot be considered as evidence on either side except considering the details of place of incident and there cannot be any such presumption at least at such stage without allowing prosecution to..........
Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197 -- Illegal Gratification - Sanction - Motive has been proved as bribe money was demanded for not giving beating to X, who was in police lock up who was earlier given beatings - Act cannot be said as done while performing official duties - No need of sanction under Cr.P.C. - SP..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 439 -- Disproportionate assets - Grant of bail - Petitioner alleged to have amassed huge assets by corrupt and illegal means disproportionate to his known sources of income - Charge-sheet filed against him for offences u/s.13(2) r/w S.13(1)(e) of the PC Act, 1988 - Income..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Criminal Procedure Code, 1973, Section 156, 482 -- Custodial death - Transfer of investigation to CBI - State investigating agency failed to conduct investigation in fair and impartial manner and abrogated and derelicted its basic sovereign duty to investigate crime - FIR registered u/s.304(Part I)PC instead of S.302 IPC - No investigation relating to previous animosity..........
Indian Penal Code, 1860, Section 304, Criminal Procedure Code, 1973, Section 482 -- Culpable homicide not amounting to murder - Allegations of not carrying out a prompt search of missing children; of delay in lodging of formal complaint with police and failure to take adequate measures to guard access from ashram to river are principal allegations made in FIR - Held,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304 -- Framing of charges - Validity - No allegation against accused that it was he who knowing fully well the condition of "S" did not let him admitted in ICU and patient was turned out even without providing ambulance - Facts as stated in FIR and material documents even if they are taken on face..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Criminal Procedure Code, 1973, Section 221 -- Separate charge - Framing of - Trail court has framed charge u/s 306 IPC and 3/4 of the DP Act - Charge u/s 304(Part I)PC has already been framed on the same day - Held, both offence are distinct in nature - One of the charge is with regard to suicide and second charge is with regard to homicide - According to the provisions of..........
