Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - Defence on merit is not to be considered at the stage of framing of charge and/or at the stage of discharge application...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - At the stage of framing of charge and/or considering discharge application, mini trial is not permissible...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against Jeth and Jethani of deceased - No reliable evidence on record that petitioners are living separately from deceased or they had not take part in demand of dowry or consequent torture to deceased -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 of Act of 2005 - Quashing - A petition to quash an application u/s 12 Act of 2005 is maintainable only by way of a petition under Article 227 of the Constitution and not under S.482 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 Act of 2005 - Law as to - Enumerated...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering discharge application, Court is to exercise its judicial mind to determine whether a case for trial has been made out or not - Court is not to hold mini trial by marshalling evidence at this stage...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Criminal conspiracy - Order of Central Vigilance Commission (CVC) shows that chances of conviction in a criminal trial involving same facts appear to be bleak - Accused discharged...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Jurisdiction of Supreme Court with regard to S.227 Cr.P.C is limited and should not be exercised by conducting roving enquiries on the aspect of factual inferences...........
