Showing : 21-30 of 128 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Court cannot mechanically issue process u/s 319 Cr.P.C. whenever in a statement before the Court, name of any person is taken - Rather Court has to consider substance of the evidence, which has come before it...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal trial-- Summoning of trial Court's record - Whenever record of trial Court is summoned, trial Courts may send photocopy/scanned copy of record and retain original so that proceedings are not held up - However, where specifically original record is required by holding that photocopy will not serve the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202-- Summoning of accused - Private complaint - At the stage of summoning accused, all that is required is satisfaction by Magistrate that there is sufficient ground to proceed against accused in the light of records made available and evidence adduced by complainant...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B-- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned order of High Court..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 91-- Summons to produce documents - Invocation of S.91 by accused at the stage of framing of charge - Held, at the stage of framing of charge, accused cannot ordinarily invoke S.91 - However, if Court is satisfied that there is material of sterling quality which has been withheld by..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4-- Summoning of accused - Cruelty - Dowry death - Evidence produced does not show involvement of accused in offences - Impugned order, summoning appellant, set aside...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4-- Summoning of additional accused - Cruelty - Dowry death - Accused/sister-i, law of deceased though named in complaint but nothing found against her and was not arraigned as accused in charge sheet - There is not even iota of evidence against her and moreover, statement given by complainant..........

Showing : 21-30 of 128 Results