Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or charge sheet - High Court while exercising jurisdiction u/s 482 Cr.P.C. is not called upon to embark upon the enquiry whether the allegations in the FIR and the charge sheet are reliable or not and thereupon to render definite finding about truthfulness or veracity of the allegations - These matters can be..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Power u/s 311 Cr.P.C. is exercised and evidence is examined neither to help the prosecution nor the defence - If the Court feels that there is necessity to act in terms of S.311 Cr.P.C. but only to subserve the cause of justice and public interest - It is done with an object of getting the evidence in aid..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence by appellate Court - If the appellate Court thinks that it is necessary in the interest to justice to take additional evidence, it shall do so - It is not restricted to case where there is some formal defect - The matter is one of the discretion of the appellate Court...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Answers given by accused to questions put u/s 313 Cr.P.C., are not per se evidence because, firstly, it is not on oath and, secondly, the prosecution does not get an opportunity to cross-examine the accused - However, it is subject to consideration by the Court to the limited extent of..........
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - In addition to the directions issued by Supreme Court in Sunderbhai Ambalal Desai case further directions issued viz : (A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate Court - An appellate court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded - Appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law - An appellate court must bear..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Consideration - Court not to meticulously and critically examine evidence - Court is to sit through evidence for adjudging existence of strong prima facie case - Probability of conviction is not to be considered...........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge on the basis of defence evidence - Held, at the stage of framing of charge considering the defence evidence is per se illegal - For the purpose of framing of charge Court must weigh the material on record as well as the documents relied upon by the prosecution - Discharge of accused only on the basis of defence..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 467, 468, 472, 474, 420 -- Discharge of accused - FIR lodged against company - After investigation, charge sheet submitted against Directors - Directors moved application for discharge on the plea that there was no allegation that they were executing the functions of the company - Application..........
