Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Officer in charge of police station, if obtains further evidence oral or documentary, he may conduct further investigation even after filing report u/s 173(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any..........
Criminal Procedure Code, 1973, Section 190, 210 -- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant, rather proceeded to take..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 427, 323, 504, 506, 34 -- Anticipatory bail - Offence u/ss 452, 427, 323, 504, 506, 34 IPC - Petitioners joined and co-operating in investigation and as such custodial interrogation is not required - No recovery is to be effected from petitioners or at their instance - Moreover, petitioners..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 308, 201, 212, 34 -- Cancellation of bail - Murder case - Complainant identified the accused during course of investigation - Eye witnesses supported version of complainant - Factum of incident verified during course of investigation through CCTV footage - Deceased died in the hospital and..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Guilt of accused is not to be gone into at the stage of framing of charge and revisional Court can interfere only when there is perversity in order passed by trial Court - Thus, evidence cannot be assessed by revisional Court at the stage of framing of charge...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere naming a person during trial by witnesses cannot justify impleadment of accused in exercise of power u/s 319 Cr.P.C. - It requires much stronger evidence than mere probability of his complicity - Test to be applied should be more than prima facie case as exercised at the time of framing of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Adducing of evidence by accused - Is not permissible...........