Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Revision petition is not maintainable without filing certificate u/r 311(3) of Rules of High Court of Judicature of Rajasthan...........
Criminal Procedure Code, 1973, Section 482, 397 -- Application u/s 482 Cr.P.C - Availability of alternative remedy of criminal revision by itself is not a good ground to dismiss an application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 397 -- Application filed u/s 482 Cr.P.C - Dismissal on the ground that alternative remedy of revision is available - Approach of High Court cannot be appreciated - High Court can always convert a petition u/s 482 Cr.P.C to a revision u/s 397 Cr.P.C and vice versa...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised before pronouncement of order on sentence where there is a judgment of conviction of accused - In case of acquittal, power should be exercised before the order of acquittal is pronounced...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned u/s 319 Cr.P.C may be tried separately - If trial of other accused has concluded and it is not feasible to carry on joint trial of newly added accused with other accused persons who are already facing trial, separate trial of newly summoned accused is not barred under law...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Cogent and strong evidence on record regarding complicity of petitioner in the offence, which if remains unrebutted his conviction may be fully probable - Petitioner has been summoned prior to recording of conviction of charge sheeted accused persons - Accused summoned u/s 319 Cr.P.C may be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court can quash the proceedings only if uncontroverted allegations do not make out an offence...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction once denied, cannot be given subsequently on the basis of same material...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Rape and murder of 10 years old girl - Material circumstances appearing in evidence against appellant have not been put to him - Version of main PWs was not put to him - However, since date of occurrence is of the year 2009 and incident is fifteen and a half years old, after such a long..........
Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
