Showing : 81-90 of 136 Results

GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 161, 164-- Unexplained and unjustified delay in recording the statement of material witness always goes against the prosecution...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 154-- Murder - Statement of eye witnesses - Recording of - Delay of 7 days - Held, delay in recording statement of PW6 is duly explained by PW7 Investigating Officer - Delay which is duly explained by Investigating Officer is neither fatal to prosecution nor creates any doubt about prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Lodged after recording statement of witnesses - Another FIR would not be admissible in evidence - Ordinarily no investigation to start without recording the FIR...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 154, 162-- Telephonic message of a cognizable offence - Police Officer proceeding from the police station after recording such information - Held, such statement is to be deemed to be a statement made in the course of investigation and is covered by S.162 of the Code...........
ORISSA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Postponement of - Legality of - S.D.J.M. did not issue process against accused persons immediately after presentation of complaint petition and examination of complainant - On contrary, after recording initial statement of complainant on 26.02.2007, issue of processes was..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without recording proper..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Non recording of statement of a material witness u/s 161 Cr.P.C. is a serious irregularity which causes a serious prejudice to the accused as accused is deprived of confronting the witness with his previous statement so as to shatter the veracity of his testimony made in Court...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 161-- Delay of three weeks in recording statement of eye witnesses - Benefit of doubt given to accused...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 200, 202, 203, 204-- Protest petition - Summoning of accused - Protest petition filed by respondent No.2 was treated to be a complaint followed by recording of statement u/s 200 Cr.P.C. and thereafter of witnesses u/s 202 Cr.P.C. - However, Special Judge clearly ignored statement recorded by him and summoned..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 313-- Omission to put to accused a question on a vital circumstance against him - If any material is not put to accused while recording his statement u/s 313 Cr.P.C. that material should not be taken into consideration - Where such an omission has occurred it does not ipso facto vitiate the proceedings..........

Showing : 81-90 of 136 Results