Criminal Procedure Code, 1973, Section 245 -- Discharge of accused - Power of committal court - Held, committal court has no power to discharge accused - Magistrate has no power either to add any one as accused or to delete any one of the accused - Absolutely there is no provision for accused to file any discharge application before committal court and for court to deal..........
Criminal Procedure Code, 1973, Section 244, 245, 246, Water (Prevention and Control of Pollution) Act, 1974, Section 25, 26, 43 -- Private complaint - Framing of charge - Procedure for - Held, provisions as contained in S.244 mandates that a Magistrate shall proceed to hear prosecution and take all such evidence as may be produced in support of prosecution - As such,..........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Criminal Procedure Code, 1973, Section 227, 228, 239, 240, 245, 246 -- Charge - In matter of discharge or framing of charge, Court has to decide either termination of proceeding or to presume guilt and proceed further - There is no third category of cases...........
Criminal Procedure Code, 1973, Section 245 -- Discharge of accused - Scope of power u/s 245 Cr.P.C. - Scope of powers u/s 245 Cr.P.C. is limited - Prayer for discharge can be allowed only when from entire evidence, even if it remains u, rebutted, no offence whatsoever is made out...........
Criminal Procedure Code, 1973, Section 245, 227 -- Discharge of accused - Complaint by wife u/ss 498-A, 494, 406 against husband and i, laws - Magistrate after going through allegations made in the complaint petition and also statements of witnesses of complainant examined before charge on behalf of complainant came to conclusion that there was sufficient ground that..........
Criminal Procedure Code, 1973, Section 227, 239, 245 -- Charge - Framing of - Reasons for framing charge need not to be recorded - Court has to form an opinion only - However, in case order of discharge is to be passed, it is imperative to record reasons - If reasons are recorded in case of framing of charge, there is likelihood of prejudicing the case of accused put on..........
Criminal Procedure Code, 1973, Section 227, 239, 245 -- Charge - Framing of - Question of jurisdiction - Reasons dealing with plea relating to jurisdiction have to be recorded...........
Criminal Procedure Code, 1973, Section 245, Companies Act, 1956, Section 159 -- Discharge of accused - Non filing of annual return of Company - M.D. prosecuted - Date on which annual return of company was required to be filed, petitioner was not M.D. of company but was Executive Director - Prosecution of petitioner in his capacity as Managing Director of Company - When..........
Criminal Procedure Code, 1973, Section 245(1) -- Discharge - Declined - Revision against dismissal of second application for discharge is not maintainable...........
