Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Witness sought to be summoned is important witness whose statement has already been recorded u/s 161 Cr.P.C, which is part of charge sheet - Said witness has to be examined, so that Court can reach to truth - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - If an offence is committed by a person who is not an Indian citizen in a foreign country, local police has no jurisdiction to investigate the offence committed by him outside India - Initiation of criminal proceedings in such cases are vitiated due to want of jurisdiction...........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Criminal Procedure Code, 1973, Section 156(3), 197, 195, 340 -- Application u/s 156(3) Cr.P.C - Non compliance of Court orders by Revenue Authorities - Lower Court rightly held that without sanction Court cannot take cognizance and that complaint is also barred u/s 195 Cr.P.C. because the proceedings could be initiated after enquiry u/s 340 Cr.P.C. by lodging the complaint..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Criminal Procedure Code, 1973, Section 54 -- Death sentence - Life imprisonment without any remission till last breath can be imposed as a substitution of death sentence...........
Criminal Procedure Code, 1973, Section 435 -- Premature release - Case of premature release of a life convict is governed by policy of Government prevailing on the date of judgment of conviction and not by policy which existed on the date of consideration of his premature release...........
Criminal Procedure Code, 1973, Section 435, Indian Penal Code, 1860, Section 302, 212, 449, 120B, 34 -- Premature release - Murder case - Policy prevailing for premature release of convicts was Premature Release policy 1993 in which condition required for life convict was to undergo 14 years of actual sentence including under trial period provided of such sentence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Challan stands presented - It is a case of no injury - Out of 16 PWs none has been examined so far - Accused has been in custody since 2021 - Trial is unlikely to conclude any time soon - No useful purpose would be served by keeping..........
