Indian Penal Code, 1860, Section 494, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - From the allegations made in FIR an offence u/ss 494, 406 IPC made out - At this stage allegations made in FIR have to be accepted as true - Truthfulness or otherwise of the allegations not to be gone into at this stage - Essential ceremonies of marriage..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Allegations made in FIR and materials collected during course of investigation are required to be considered...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 406 -- Quashing of charge sheet - High Court cannot quash charge sheet prior to exercise of discretion by Magistrate u/s 190 Cr.P.C...........
Criminal Procedure Code, 1973, Section 432, 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Power of President/Governor of State to grant - Act of remission does not undo what has been done judicially - The punishment awarded through judgment is not overruled - Convict only gets benefit of liberalized policy of State of pardon - This..........
Criminal Procedure Code, 1973, Section 433, 433A, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Right to ask for - The right to ask for remission of sentence shall be governed by the policy existing on the date of conviction of the accused - Not governed by the policy that exists on the date of consideration of his case for pre-mature release...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Investigating agency submitting final report to Magistrate under Section 173(2) - Police can still conduct further investigation in respect of an offence under section 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay of seven days in receipt of report by Magistrate - FIR promptly lodged - Investigation proceeded immediately thereafter - Special report was sent by post - Mere delay in receipt of Special Report in no way causes doubt to the case of prosecution particularly when none of the witnesses including the IO has been cross..........
Indian Penal Code, 1860, Section 304 Part II, Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - Murder case - Accused acquitted by trial court - High Court convicting accused u/s 304 Part-II IPC - Held, court exercising appellate power must not only consider question of law but also questions of facts - Judgment of conviction rendered by the High..........
