Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Standard of test and judgment which is to be finally applied before recording a finding regarding guilt or otherwise of accused is not exactly to be applied at the stage of deciding the matter u/s 227 or S.228 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where circumstances of case so warrant and crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short..........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Object of S.110 Cr.P.C is to afford protection to public against a repetition of crimes against their person or property - It is not a punishment of offender for his past offences but it is for securing good behaviour for future...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Order contemplated u/s 111 Cr.P.C requires application of mind and has to be prepared and drawn up cautiously and carefully in compliance with provisions of S.111 Cr.P.C and order must contain reasons of Magistrate's satisfaction...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Substance of information is the matter for issuance of show cause notice - If substance of information is not given in the order u/s 111 Cr.P.C, person against whom order has been made may remain in confusion and may not be able to give explanation...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Imposition of cost on accused as a condition precedent for exercising right u/s 311 Cr.P.C, itself is improper and unjust...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court on filing application u/s 311 Cr.P.C must be convinced that witness sought to be summoned or evidence proposed to be adduced additionally is very much relevant to arrive at a just decision of the case...........
