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 FalloutsProfessional liability for negligence is a cryptic branch of the law relating to negligence. It exists on a fundamentally different plane. There is a fine distinction between professions and other occupations for the reason that professi ..
Objectively analyzed the criminal jurisprudence adopted by India is a mere reflection of the Victorian legacy left behind by the Britishers. The passage of time has only seen a few amendments once in a while to satisfy pressure groups and vote banks ..
An overview of the following cases highlight the adverse condition of the poor with regard to the unjust bail system in India. In State of Rajasthan v Balchand , the accused was convicted by the trial court. When he went on appeal the High Court, it ..
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 ..
These unscrupulous murders of female or girls is justified on two grounds. First, it reduces the population and second is that the poor parents will be saved from the expenses which they would have to incur in the marriage of their daughter if she h ..
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