Criminal Procedure Code, 1973, Section 190, 216, 218, 228, 190(1) -- Addition of charge or addition of offence - Appropriate stage is not when Magistrate takes cognizance of offence but it is at the stage at which charges are framed...........
Criminal Procedure Code, 1973, Section 190, 216, 218, 228, 190(1) -- Addition of offence - At the stage of taking cognizance of offence - Magistrate was right in declining to add offence punishable at the stage of taking cognizance in the case, which is based on a police report - Said power was not available to Magistrate in a case instituted on a police report on an..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - At the time of framing of charges, probative value of material on record cannot be gone into and the material brought on record by prosecution has to be accepted as true at this stage - However, in possibility of two views giving rise to suspicion only as distinguished from grave suspicion, trial Court..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Offence u/ss 457, 376, 511, 354, 354-A IPC - It is apparent that trial Court has not at all examined material available on record including site-plan and variance in allegations of FIR, police statements of prosecutrix and her statements recorded u/s 164 Cr.P.C. while framing charges - Order framing..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Order framing charge is not purely interlocutory order and in a given situation be interfere with u/s 397(2) Cr.P.C. or 482 Cr.P.C. or Article 227 of the Constitution which is a constitutional provision but the power of..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii)..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Does not mean that allegations are proved - When trial begins full opportunity is given to prosecution as well as to accused to place their case before Court - Charge framed therefore, cannot be set aside in normal circumstances...........
Criminal Procedure Code, 1973, Section 228, 161 -- Framing of charges - At the time of framing of charges statements of witnesses u/s 161 Cr.P.C. and all other material collected during investigation has to be taken on its face value - Defence of accused and documents produced by accused not to be considered...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court not to enter into a roving inquiry to appreciate or weigh material on record at the stage of framing of charge - Strong suspicion is enough for Court to form a presumptive opinion as to existence of an event having taken place, justifying framing of charge...........
