Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil dispute - Only because a civil remedy is available may not be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether a complaint discloses criminal offence or not depends on nature of allegations and whether essential ingredients of a criminal offence are present or not has to be judged by High Court...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - It lies within jurisdiction of High Court - Such relief must be after judicious application of mind which must reflect : (i) The nature and gravity of the allegations; (ii) The seriousness of the alleged offence(s); (iii) The position of the accused and the likelihood of their..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Scope and ambit of power of Court u/s 319 Cr.P.C. - Analysed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person not being an accused for also having committed the offence under trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319(1) Cr.P.C can be exercised at any stage after the charge-sheet is filed and before pronouncement of judgment, except during the stage of Ss.207, 208 Cr.P.C, committal, etc. which is only a pretrial stage intended to put the process into motion...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Word "evidence" in S.319 Cr.P.C means only such evidence as is made before Court, in relation to statements, and as produced before the Court, in relation to documents...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of exercising power u/s 319 Cr.P.C, Court is not required to appreciate and/or enter on the merits of allegations of case...........
