Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of a charge, Court is concerned not with the proof of allegation rather it has to focus on material and has to form an opinion whether there is strong suspicion that accused committed an offence, which if put to trial, could prove his guilt - Framing of charge is not a stage, at which..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Object of provision is to set right a patent defect or an error of jurisdiction or law or perversity which has crept in the proceeding...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After taking cognizance on the basis of earlier report - At that stage, Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation - Such a course is open only on the request of I.O. and that too in circumstances warranting further investigation on..........
Criminal Procedure Code, 1973, Section 202 -- Direction for investigation by Magistrate u/s 202 Cr.P.C. - At post-cognizance stage, while dealing with a complaint, is in the nature of an inquiry and not a further investigation u/s 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the request or prayer of the..........
Criminal Procedure Code, 1973, Section 386(b)(i) -- Powers of Appellate Court - Though word "retrial" is used in S.386(b)(i) Cr.P.C, however, power conferred under said clause is to be exercised only in exceptional cases, where appellate Court is satisfied that omission or irregularity has occasioned in failure of justice...........
Criminal Procedure Code, 1973, Section 386(b)(i) -- De novo trial - Meaning - New trial is ordered by appellate Court in exceptional cases when original trial failed to make determination in a manner dictated by law...........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Medical grounds - Petitioner having difficulty in urination, emerging out of a condition described as prostatomegaly - Said condition is not such a serious condition, as would entail the transfer of petitioner from one jail to another, or to require him to be subjected to any kind of specialized treatment, at some..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sexual assault on minor girl - Trial in matter was unnecessarily prolonged and just one prosecution witness was recalled 104 times for cross examination - Even, during period of examination of prosecution witnesses, there were number of attacks on witnesses, leading to death of two prosecution witnesses - Moreover. lady..........
