Indian Penal Code, 1860, Section 193, 199, 200 -- Offence u/ss 193, 199, 200 - Offences were allegedly committed before a Tribunal - Tribunal is not defined as a Court - Therefore, it was not empowered to entertain such an application as prescribed under the law u/ss 195 r/w S.340 Cr.P.C - Only route available for appellant was to file a private complaint and Tribunal..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of consideration of a petition for discharge what is to be considered whether there is a `prima facie' case and certainly, the endeavour cannot be to find whether `clinching' materials are there or not...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While exercising power u/s 227 Cr.P.C. judge concerned has to consider only record of case and documents produced along with the same - If on such consideration Court forms an opinion that there is no sufficient ground to proceed against accused concerned, accused shall be discharged after recording reasons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b), Criminal Procedure Code, 1973, Section 227 -- Contraband - Discharge - Appellant arraigned as accused based on the confessional statement of co-accused - However, in the absence of any other material on record to connect the appellant with the crime, confessional statement of co-accused by itself cannot..........
Criminal Procedure Code, 1973, Section 210(3) -- Complaint and police case in respect of same offence - For applicability of S.210(3) Cr.P.C., it is necessary that accused mentioned in complaint case should not be the accused in police report...........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Even if case of joint trial does not fall u/s 210 Cr.P.C. even then trial of complaint case and police case can be conducted jointly u/s 223 Cr.P.C. so as to avoid failure of justice or prejudice any accused who is charge sheeted in police report as well as who is also..........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Applicants Nos.1, 2 and 3 are accused in police case as well as complaint case - However, they themselves prayed that their trial of police case as well as complaint case should not be conducted jointly - In such circumstances, directing to conduct trial of complaint..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Purpose of S.233 Cr.P.C is not to enable accused to recall a PW already examined...........
Criminal Procedure Code, 1973, Section 311, 233 -- Recall of PW - Prosecution witness who was already examined cannot be recalled by exercising powers u/s 233 Cr.P.C - However, such an exercise can be done u/s 311 Cr.P.C at any stage including that of S.233 Cr.P.C, provided all the requirements and parameters of S.311 Cr.P.C are otherwise satisfied...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C vest with the Court and a party can only seek to trigger the power by filing appropriate application, outcome of which would depend upon Court's call as to whether evidence sought to be adduced is essential for a just decision of the case...........
