Criminal Trial -- Plea of Prejudice - Incapable of being interpreted in its generic sense and applied to criminal jurisprudence - Plea of prejudice has to be in relation to investigation or trial and not matters falling beyond their scope - Once accused is able to show that serious prejudice is caused to him, accused can seek benefit under orders of Court...........
Criminal Procedure Code, 1973, Section 244, 245, 246 -- Framing of charge - Procedure to be followed - Held, while framing charges on a Police report which is confined to material collected during the course of investigation, if Court finds that there is ground for presuming that accused has committed offence, it can frame charge - If he finds that no case against accused..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- 2-G Spectrum scam - Involvement of Finance Minister - Complaint made that Finance Minister colluded with Telecom Minister in fixing price of Spectrum at 2001 level - Prayer made for detailed investigation against him - Rejected - Sustainability - No materials on record to show that Finance Minister had abused..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Co-accused had been arrested with 19 ATM cards for which he offered no satisfactory explanation - Grant of bail by Additional Sessions Judge to co-accused without assigning any good reason - At the stage of investigation statement of co-accused stated that petitioner and one "D" were his accomplices - Held,..........
Criminal trial -- Deliberate dereliction of duty, designedly defective investigation, intentional acts of omission and commission by investigating agency, expert witnesses and witnesses cited by prosecution - Court will be fully justified in directing disciplinary authorities to take appropriate disciplinary or other action in accordance with law, whether such officer,..........
Criminal Trial -- Defective investigation - Default and omission flagrant - No prejudice caused to prosecution - Still Court cannot afford to overlook it - Officials responsible for defective investigation must be punished...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Conviction - Sustainability - Defective Investigation - Presence of PWs at place of occurrence cannot be doubted - Statements are reliable, cogent and consistent with story of prosecution - Merely because doctor and investigating officer failed to perform their duties in accordance with law and results in some..........
Constitution of India, 1950, Article 21 -- Scope - Any form of torture or cruel, inhuman or degrading treatment would fall within the ambit of Article 21 of the Constitution, whether it occurs during investigation, interrogation or otherwise...........
Evidence Act, 1872, Section 45, 112 -- DNA Test - Child born out of illicit relations - Respondent No.3 did not file reply denying to be the biological father of child of petitioner and denying physical contact with petitioner mother - Police should follow scientific investigation including DNA testing, especially in the cases involving crime against women - DNA testing..........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 320 -- Offence u/s 304-B - Compromise - FIR against husband and his family members - During investigation all the accused except husband found innocent - Challan against husband not yet put up - Parties compromising - Complainant stated that he was wrongly briefed by neighbours - FIR quashed in..........
