Showing : 431-440 of 1256 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - A person not named in FIR or named in FIR but not charge sheeted or who has been discharged can be summoned u/s 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with accused already facing trial - However, an accused who has..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - S.319 Cr.P.C., significantly uses two expressions i.e : (i) Inquiry; (ii) Trial - As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry - Word evidence u/s 319 Cr.P.C. contemplates evidence of witnesses given in..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Degree of satisfaction required for summoning a person u/s 319 Cr.P.C. would be same as for framing charge - Difference is on account of fact that trial may have already commenced as against original accused and it is in course of such trial materials are..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Prior permission - Law does not mandate taking of prior permission from Magistrate concerned for carrying out further investigation but as a matter of propriety police has to seek permission of Court to continue further investigation and file supplementary charge-sheet...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Prior permission - Once the Circle officer himself asked investigating officer to undertake further inquiry after completing all legal formalities of court, there is no fault in directing further investigation in the matter wherein charge-sheet has already been filed and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)-- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)-- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 217, Indian Penal Code, 1860, Section 376-- Alteration of charge - Recall of witness - Dismissal of application on ground that there is no necessity or relevance to re-examine without a finding that application is filed for the purpose of vexation or delay or for defeating the ends of justice, does not stand the test of judicial scrutiny -..........

Showing : 431-440 of 1256 Results