Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Invocation of S.91 by accused at the stage of framing of charge - Held, at the stage of framing of charge, accused cannot ordinarily invoke S.91 - However, if Court is satisfied that there is material of sterling quality which has been withheld by investigator/prosecutor, Court is not debarred from..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 120B -- Withdrawal of prosecution - Court is not to weigh evidence for purpose of conviction or prima facie case etc. and if Public Prosecutor after applying its mind has applied for withdrawal from prosecution, Court is to give its consent...........
Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........
Criminal Procedure Code, 1973, Section 301, 225 -- Permission to assist prosecution by Private party - Prosecution before Court of Sessions, shall only be conducted by Public Prosecutor and not by anyone - Though assisting prosecution by private party in Court of Sessions is not banned, but such permission will be subject to control of Public Prosecutor, which means, until..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Court which has granted bail has also power to cancel the same - Discretion of grant or cancel can be exercised by Court at instance of complainant or public prosecutor on account of finding new material or circumstances or on account of misuse or abuse of liberty...........
Criminal Procedure Code, 1973, Section 24(8) -- Advocate of victims choice - Permission to assist Public Prosecutor - Victim can engage a lawyer of her choice to assist prosecution with permission of Court - Objection raised by respondent is only a technical one, hence, rejected - Moreover, for smooth process for ends of justice, prayer in application of victim to allow..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Power of Public Prosecutor/Assistant Public Prosecutor to withdraw case of which he is i, charge after obtaining written permission from State Government and that permission is required to be filed in Court - Power of withdrawal can be invoked by P.P./A.P.P. i, charge of case when same is made in..........
Criminal Procedure Code, 1973, Section 24, Protection of Children from Sexual Offences Act, 2012, Section 34, 44, Protection of Children from Sexual Offences Rules, 2012, Rule 6, Constitution of India, 1950, Article 304, Kerala Govt. Law Officer (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, Rule 14 - - Special Public Prosecutor - Appointment..........
