Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Criminal Procedure Code, 1973, Section 317 -- Examinatio, i, chief of PW1 recorded in absence of accused as well as his counsel - Trial Court directed to recall PW1 and record his examinatio, i, chief in accordance with law...........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Accused/petitioner is a female and is residing with her husband - She is on bail and duly represented by her counsel - Distance between place where petitioner is residing from the Court is approximately 230 kms - Personal appearance of petitioner thus, exempted...........
Criminal Procedure Code, 1973, Section 273, 299, 317 -- Recording of evidence in absence of accused - Courts would be justified in recording evidence in absence of accused when circumstance mentioned in Ss.299, 317 Cr.P.C arise...........
Criminal Procedure Code, 1973, Section 273, 299, 317 -- Recording of evidence in absence of accused, when there was no dispensation as contemplated u/s 273 Cr.P.C - S.273 Cr.P.C stood violated, as there was an infringement of salutary principle - However, said infringement is curable one - High Court directed de novo trial of witnesses examined in absence of accused -..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting exemption from personal..........
Criminal Procedure Code, 1973, Section 256, 317 -- Non-appearance of complainant - Earlier both parties did not appear - But accused filed application u/s 317 Cr.P.C. and same was allowed - For continuation of proceedings, trial Court directed complainant to appear for the purpose of cross-examination - However, complainant failed to appear before Trial Court - Dismissal..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Warrant trial - Accused cannot claim exemption u/s 205 Cr.P.C. unless accused is granted bail and he has furnished bail bonds...........
