Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Examination of doctors with support of entire medical documents - Where there is allegation from the side of accused that medical negligence is the reason for the death of child and prosecution case is that death was not due to any medical negligence, accused would not be put to any prejudice if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Accused by way of additional evidence sought examination of mother of complainant - Specific case of complainant is that accused borrowed loan from his mother and she issued cheque in favour of accused which got..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even if trial has abated against existing accused, there is no bar in summoning appellants and starting the trial afresh...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised only when evidence is strong and reliable...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Deposition of PW1 is not sufficient enough to invoke extra-ordinary jurisdiction u/s 319 Cr.P.C to summon appellants, particularly when there are no other witnesses who have deposed against appellants - There is no documentary evidence that prosecution had collected against appellants - Even,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Plea of juvenility - Proper inquiry in accordance with the provisions of the Act was not carried out so as to consider the prayer made by accused to be treated as juvenile on the date of incident even though the plea was raised at the earliest opportunity - Plea of juvenility raised by accused..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were duly exonerated in final report presented u/s 173 Cr.P.C - There is lack of cogent evidence which can establish more than prima facie case against petitioners - Order allowing application u/s 319 Cr.P.C. set aside...........
