| Topics |
Headnote |
Judgement |
| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 204 — Issue of Process — IPC — S 306 — Abetment to suicide — Criminal Complaint — Ld. Magistrate called report from the police officer — does not disclose any cognizable offence against the accused — Held, there is hardly any material to infer that there was any motive— hardly any material to infer that the petitioners were having knowledge that respondent No. 2 is likely to take steps for consumption of poison so as to commit suicide— order of issuance of process does not speak or reflect any application of mind —Relief granted — Petition allowed. (Para 11 & 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 204 — Issue of Process — Criminal Complaint — Duty of the Court — Held, The Courts have to be extremely careful as the main person is not available for cross-examination by the appellant/accused — Unless there is specific allegation and material of definite nature (not imaginary or inferential one), it would be hazardous to ask the appellant/accused to face the trial — Madan Mohan Singh and Netai Dutt — relied. (Para 12) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 190 — Cognizance — The cognizance has to be taken of the offence and not of the offender— General Officer Commanding Vs.CBI — relied. (Para 35). |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 173 — Final report — Accused named in FIR — Held, can be cited as witness of the prosecution. (Para 17) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 161 — Statement under — recording of — Delay in — delay not supported by medical officer —fatal to prosecution. (Para 29) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 161 —Statement under — Delay in — Cross case — Held, statements were definitely after their implication in counter case by opposite party. (Para 30) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 439 — Regular Bail — granting of —Held, whether the applicant is part of conspiracy or not, is required to be established by the prosecution after leading evidence before the trial court. (Para 26) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 439 — Regular Bail — IPC — Ss 307, 397, 395, 365, 355, 354, 342, 147, 148, 149, 324, 323, 504, 506(2), 120(B), 201, 166A, 167, 466, 177, 204, 294(b), 505(1)(b), 509— Gujarat Police Act— Section 135— Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989— Sections 3(1)(e),(r),(s),(u), 3(2)(5a), 3(1)(d), 3(1)(za)(E), 3(1) (w)(i),(ii), 3(2)(vi), 3(2)(vii), 4 —Information Technology Act— Section 66A & 66B— Presence of the applicant not stated —Investigation completed — Charge sheet submitted — voluminous record of charge-sheet and examination of 338 witnesses — completion of trial would take considerable long time — applicant has been suspended from the services and departmental inquiry has already been initiated against him —The injured have already been discharged from the hospital — Bail granted. (Para 26) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 227 — Drugs and Cosmetics Act — Ss 18 (1)(a) , 27 & 34 — offences under — Collection of sample —much after manufacturing date — No foreign material was found — Faulty preservation — Held, development of such particles due to non observance of storage of such drug in a cool place, cannot be ruled out altogether — Averment — absence of — Nowhere averred in the complaints that the petitioners are responsible for the objectionable drug — & same was manufactured with their consent or in their connivance — or production of the said drug is attributed to any neglect on their part — Petitioners discharged — Companies Act — S 2(24) & 2(26). (Para 18 & 23) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 320 — Compounding of offence by department — Held, when the department has compounded the offences then there is no reason to continue the criminal proceedings — more particularly when offences are either in the form of breach of rules or technical offences. (Para 34) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Duty of the Court — Held, at the stage of framing of the charge — the Court has to consider the material with a view to find out — if there is ground for presuming that the accused has committed the offence — or that there is no sufficient ground for proceeding against him — & not for the purpose of arriving at the conclusion that — whether it is likely to lead to a conviction or not. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Weighing of evidence — Duty of the Court — The Court may — sift the evidence — as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth — even if it is opposed to common sense or the broad probabilities of the case. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Duty of the Court — Held, the Court is required to evaluate the material and documents on record — with a view to finding out — if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Duty of the Court — Held, if the Court arrives at only opinion — there is no evidence against the accused — the Court shall not put accused to harassment by asking him to face a trial — State of M.P. Vs.Sheetla Sahai — relied. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Duty of the Court & Investigating agency — Held, it is the duty of the investigating agency to collect and to produce cogent evidence against the accused for framing charge — and Court can convict the accused only if such charges i.e. evidence is proved on record without reasonable doubt — Therefore, if there is no chance to prove a commission of offence by the accused, charge cannot be framed — General Officer Commanding Vs.CBI — relied. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Duty of the Court — Before framing a charge the court must apply its judicial mind on the material placed on record — & must be satisfied that the commitment of offence by the accused was possible — Soma Chakravarty v. State — relied. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 227 & 228 — Framing of charge & Discharge — Requirement of — Held, the Court is required to evaluate the material and documents on record — with a view to find out if the facts emerging there from taken at their face value disclose the existence of all the ingredients constituting the alleged offence — Niranjan Singh Karam Singh Punjabi. (Para 35) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 439 — Regular Bail — Presence of the accused — None of the witnesses have stated about his presence at the place of incident or the police station — Bail granted. |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 482 — Inherent power of the Court — IPC — Ss 406, 420, 467, 468 & 471—Admitted fact — applicant has signed as witness on the disputed document — Defective investigation — Specimen signature not collected — neither sent to expert — Held, prosecution could not produce any cogent evidence to show that there was an agreement between the co-conspirator with present applicant. (Para 14) |
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