Magistrate may consider any further report given in supplementary charge-sheet, because it is also a police report
In Ahok Kr. Todi Vs. C.B.I., the Calcutta High Court dealt with framing of charges and held that -
Criminal P.C. 1973 – S. 216 (5) – Sanction – At the time of dealing with the Section 216(5) of Cr.P.C. the court is to see if any sanction has been given on same facts or not, irrespective of any offence.
Criminal P.C. 1973 – Ss. 226 & 227 – When the court shall frame charges – What are the factors to be considered by the court at the time of disposal of an application under Section 227 of Cr.P.C. – Held, Court should be very cautious in allowing an application Section 227 Cr.P.C. because without affording any opportunity to the prosecution to substantiate the allegation through witness, the accused gets an escape from the net of law. The Court is to see if any material for presumption is there or not. If the answer is affirmative, charge has to be framed.
Criminal P.C. 1973 – Ss. 190 (1) (b) r/w. 197 – Cognizance – Supplementary Charge-sheet – What should be the basis – If the supplementary charge-sheet is filed, whether the Court is bound to take cognizance only in respect of the offences as mentioned in supplementary charge-sheet ignoring the first charge-sheet or not – If the Sessions Judge is bound to take cognizance only in respect of the offences, which has been mentioned by the committal court – Held, When police submits supplementary charge-sheet disclosing in addition/alteration and deletion of any offence mentioned in charge-sheet at the first instance, the magistrate can take further cognizance in terms of Section 190(1)(b) read with Section 173 (5) of Cr.P.C., because 190(1)(b) can be invoked only in respect of a police report. Therefore, magistrate may consider any further report given in supplementary charge-sheet, because it is also a police report. Section 190(1)(b) does not say that magistrate cannot take cognizance further on the basis of supplementary charge-sheet. Otherwise Section 173(5) of Cr.P.C. shall remain in the statute only without any application.
Whether a direct/remote mental pressure associated with serious criminal intimidation be treated as an abetment to commit suicide? When and why a person commits suicide? Held, A person’s mind and body may react to trauma over a period time, perhaps days, weeks or months so the people suffering from a trauma react in different ways, suicide is the result of ‘psychotic’. An unbearable psychological pain arising largely from frustrated psychological needs. It is said there is a great deal of psychological pain in the world without suicide but there is no suicide without a great deal of psychological pain.
Criminal P.C. 1973 – S. 216 (5) – Sanction – At the time of dealing with the Section 216(5) of Cr.P.C. the court is to see if any sanction has been given on same facts or not, irrespective of any offence.
Criminal P.C. 1973 – Ss. 226 & 227 – When the court shall frame charges – What are the factors to be considered by the court at the time of disposal of an application under Section 227 of Cr.P.C. – Held, Court should be very cautious in allowing an application Section 227 Cr.P.C. because without affording any opportunity to the prosecution to substantiate the allegation through witness, the accused gets an escape from the net of law. The Court is to see if any material for presumption is there or not. If the answer is affirmative, charge has to be framed.
Criminal P.C. 1973 – Ss. 190 (1) (b) r/w. 197 – Cognizance – Supplementary Charge-sheet – What should be the basis – If the supplementary charge-sheet is filed, whether the Court is bound to take cognizance only in respect of the offences as mentioned in supplementary charge-sheet ignoring the first charge-sheet or not – If the Sessions Judge is bound to take cognizance only in respect of the offences, which has been mentioned by the committal court – Held, When police submits supplementary charge-sheet disclosing in addition/alteration and deletion of any offence mentioned in charge-sheet at the first instance, the magistrate can take further cognizance in terms of Section 190(1)(b) read with Section 173 (5) of Cr.P.C., because 190(1)(b) can be invoked only in respect of a police report. Therefore, magistrate may consider any further report given in supplementary charge-sheet, because it is also a police report. Section 190(1)(b) does not say that magistrate cannot take cognizance further on the basis of supplementary charge-sheet. Otherwise Section 173(5) of Cr.P.C. shall remain in the statute only without any application.
Whether a direct/remote mental pressure associated with serious criminal intimidation be treated as an abetment to commit suicide? When and why a person commits suicide? Held, A person’s mind and body may react to trauma over a period time, perhaps days, weeks or months so the people suffering from a trauma react in different ways, suicide is the result of ‘psychotic’. An unbearable psychological pain arising largely from frustrated psychological needs. It is said there is a great deal of psychological pain in the world without suicide but there is no suicide without a great deal of psychological pain.
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