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An order issuing process for summoning the accused to face the trial is not an interlocutory order and Revision against such order is not barred by sub-section (2) of Section 397 Cr.P.C. Although the Hon'ble Apex Court has held in Adalat Prasad vs. ..
It is a settled legal position that at the stage of passing order under Section 203 or 204 Cr.P.C., only a prima facie case has to be seen and not whether the evidence as adduced is to result in conviction of the accused persons. In the case of Nirma ..
Section 319 Cr.P.C., which reads thus:- "319. Power to proceed against other persons appearing to be guilty of offence.- (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not bein ..
The scope of interference at the stage of investigation is no more res integra as it has been considered by the Hon'ble Supreme Court time and again. In Emperor Vs. Khwaja Nazir Ahmad, AIR 1945 PC 18, the Privy Council made the following observations ..
SCOPE OF INTERFERENCE UNDER ARTICLE 226 OF THE CONSTITUTION: The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embar ..
In the case of Jagdish Yadav Vs. Ram Nandan Yadav & Ors., 1990 SCC (Crl.) 648, it was observed that simply due to lodging of a cross-case the investigation ought not to have been interfered with by the High Court. As in view of the fact that the ..
The question would arise as to whether in the facts and circumstances where the complainant had left the matrimonial home and started living with her father in1993, could a case be registered against the appellant under Section 498A I.P.C. in 1997? T ..
Acceptance of certified copy as evidence is not limited to production of certified copy of sale deed in evidence but also enables party producing it to rely on contents of document without examining vendor/vendee. Such certified copies are to be read ..
Conviction for offence for which charge was not framed In view of S. 464, Cr.P.C. , it is possible for the appellate or revisional Court to convict an accused for an offence for which no charge was framed unless the Court is of the opinion that a fai ..
Whereas in terms of Art. 58 the period of three years is to be counted from the date when 'the right to sue first accrues'; in terms of Art. 113 thereof, the period of limitation would be counted from the date 'when the right to sue accrues'. The dis ..
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