Section 13 - PCA
Prevention of Corruption Act, 1988 (49 of 1988) Section 13(2), 13(1)(d) - Telecast - Of the Episode of “CRIME PATROL DASTAK” - That the picturisation of the said Episode was meant to project the Petitioners in a negative light on the basis of allegations made against them by the CBI - Trial has been completed and the Petitioners have been convicted and, thereafter, arrested, there is no further possibility of any bias against them at the time of hearing of the appeal - The contents of the trial and the ultimate judgment of conviction and sentence is now in the public domain and is available for anyone to see - However certain restrictions can be imposed at the time of the screening of the said Episodes - Indian Penal Code, 1860 (XLV of 1860) Section 120-B read with Section 420, 467, 468, 471 - Media - Media and Criminal trial (2014)173 PLR 53 (SC)
S. 13(1)(d), 13(2)
Prevention of Corruption Act, 1988 (49 of 1988) S. 13(1)(d), 13(2) - To be a public servant is not an offence even if, an employee in an aided institution may be a public servant, as alleged in the FIR, petitioner No.1 has received salary to which he was entitled to under the provisions of the Act and the Rules for performing his duties during that period - As such, he is not guilty of receiving any gratification in the form of money or anything while serving as a teacher and there is no such allegation against him - Punjab State Election Commission Act, 1994 (19 of 1994). (2010)159 PLR 653
At the time of considering the question, as to whether, charge is to be framed, or not, in a criminal case, instituted on Police report, the Court is not required to go into the merits of the case
Prevention of Corruption Act, 1988 (49 of 1988) Section 13(2) - Framing of charge - At the time of considering the question, as to whether, charge is to be framed, or not, in a criminal case, instituted on Police report, the Court is not required to go into the merits of the case - At that time, the Court is only required to sift the material i.e. report under Section 173 of the Code of Criminal Procedure, the documents enclosed thereof, as also the statements of the witnesses, recorded under Section 161 of the Code of Criminal Procedure, during the course of investigation to come to the conclusion, as to whether, a prima facie case for framing the charge was made out or not - Any document produced by the accused at the time of consideration of charge, and not relied upon by the prosecution, is not to be looked into, by the Court concerned - What is the effect of delay, in lodging the report, as also of recording the statements of the witnesses, after delay, is required to be seen, by the trial Court, at the time of final decision of the case - Criminal Procedure Code, 1974 (II of 1974) Section 173, 161. (2009)155 PLR 448