Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - More than prima facie case has been made out against petitioner to invoke S.319 Cr.P.C and summon him as an additional accused to face trial...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 149, 148, 147, 307 -- Summoning of additional accused - Murder - Complainant who is also an eye witness of incident identified accused in the CCTV footage and stated his role in the alleged crime - Trial Court thus, not committed any error in summoning accused to face trial like other accused..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence on the basis of police report - Against a person not arraigned as an accused in police report or whose name also does not appear in column 2 of such report - Court can issue summons to such persons only if there are materials before Magistrate showing complicity of said persons - Materials need not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While considering facts in an application u/s 482 Cr.P.C, Court cannot embark on an inquiry as to reliability or genuineness or otherwise of allegations made in the FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Provision of de novo trial is mandatory for accused summoned u/s 319 Cr.P.C. - It would not be sufficient to only tender the witnesses for cross examination of such a person rather they have to be examined afresh - Earlier proceeding will become ineffective and inoperative because the accused brought u/s..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court when forming opinion for deciding discharge application, it has to discuss material of charge sheet available before him...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court not to embark on a detailed enquiry or examine supporting material minutely while exercising jurisdiction u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 386, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 386, 506 IPC - Quashing of FIR - FIR in question based on Whatsapp message sent by accused to complainant - However, a bare look at Whatsapp message would not indicate that complainant was put in fear of injury or there was any inducement to deliver property or valuable..........
Criminal Procedure Code, 1973, Section 482 -- Order passed u/s 482 Cr.P.C. - Party concerned not entitled to the order passed in its favour, which is nothing but an abuse of process of Court - It would perfectly be legal as also justified in invoking the same power u/s 482 Cr.P.C. so as to prevent such abuse and to secure the ends of justice...........
