Criminal Procedure Code, 1973, Section 70 -- Arrest warrants - Summoning of accused - Police initially submitted negative final report and Court took cognizance - There is no likelihood of petitioner tampering with the witnesses and there are no chances of their evading summons - Petitioners thus, directed to surrender before concerned Court and move appropriate bail..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Allegation against I.O - Petitioner misused his authority as Sub-Inspector of police and he intentionally aided actual accused - He admittedly falls within definition of Public Servant u/s 21 IPC and therefore, it is mandatory to follow provision u/s 197 Cr.P.C - Cognizance of offence taken by Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - A person may be summoned u/s 319 Cr.P.C even on a statement recorded during examinatio, i, chief even before cross-examination, as there is no principle as to point in time when such power may be exercised - However, it would all depend on facts of each case and quality and nature of evidence..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Criminal Procedure Code, 1973, Section 439, 306(4)(b) -- Bail - Approver - Acid attack - Dispute was of cheque - Cause of death was directly attributed to main accused - Role of petitioner is not such as it would incriminate him at par with principal accused or even reflect that petitioner played a major role in act of causing death of deceased - Moreover, petitioner as an..........
Criminal Procedure Code, 1973, Section 30, 429(2) -- Sentence of imprisonment in default of fine would be in excess of or in addition to substantive sentence to which an offender may have been sentenced or to which he may be liable under commutation of sentence...........
Criminal Procedure Code, 1973, Section 427 -- Default sentence - Default sentences inter se cannot be directed to run concurrently...........
Criminal Procedure Code, 1973, Section 30, 429 -- Default sentence - Default sentences inter se cannot be directed to run concurrently - However, considering financial condition of accused, a case is certainly made out to have sympathetic consideration about quantum of default sentence - While maintaining quantum of fine in respect of four counts of offences punishable..........
Criminal Procedure Code, 1973, Section 231 -- Examination of prosecution witnesses - Prosecution can always examine witnesses not named in charge sheet with or without supplementary charge sheet based on a subsequent investigation...........
