Showing : 801-810 of 14725 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Case was registered in 1983 - 29 PWs already examined - Application to examine proposed witness was allowed in 2004 - Prosecution failed to keep him in Court for his examination - However, multiple applications were filed to summon him and all of them allowed but prosecution..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 201, 323, 120B, 34-- Third bail application - Attempt to murder - Conspiracy - Prima facie though evidence is on record to show that petitioner hatching conspiracy with other accused to inflict injury to complainant by use of firearms, but there is no inkling from evidence to show that she was directly involved in..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323-- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can record evidence u/s 202..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Merely because a person is not named in FIR or charge sheet, does not mean that whenever a statement is recorded before Court and name of any person is taken, Court has to mechanically issue process u/s 319 Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle - Recovery of 24 liters Beer from vehicle in question - Vehicle should be produced before Collector or designated Authorized Officer within a reasonable time - It was not ascertained by Court below while rejecting application for release of vehicle whether actually..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5)-- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no witness who has seen petitioners visiting wife of deceased - Even there is no mobile details which point out..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Where prosecution evidence is closed long back and reasons for no, examination of witness earlier is not satisfactory, summoning of witness at belated stage would cause great prejudice to accused and should not be allowed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Successive applications for recall of a witness u/s 311 Cr.P.C should not be encouraged by Court...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 482-- Quashing of order taking cognizance - Cognizance taken on basis of protest petition by taking into account affidavits filed along with protest petition - Order cannot be sustained and set aside - Matter remitted for decision afresh...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........

Showing : 801-810 of 14725 Results