Criminal Procedure Code, 1973, Section 190 -- Summoning of additional accused - After framing of charges - Once trial Court frames charges against accused received by it on committal, threshold of S.190 Cr.P.C no longer exist - Committal Court can summon accused by resorting to powers u/s 193 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Second FIR on same cause of action - Quashing of - Cheating - Allegation that accused forged and fabricated lease deed - Validity and genuineness of lease deed is subject matter of earlier FIR and qua same trial is pending - Second FIR qua same land on same cause..........
Criminal Procedure Code, 1973, Section 311 -- Recall or re-examination of a witness - Court enjoys vast power of summoning or recalling any witness at any stage of proceedings, if his/her evidence appears to be essential for just decision of the case - Courts should be more careful and cautious while exercising power u/s 311 Cr.P.C. but it can always summon, recall or..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner did not take measurements by taking permanent point of one stone to other stone for purpose of determination of encroachment - It was just an eye wash to conduct demarcation in compliance of order of Court - Nothing prevented plaintiff to summon Kanungo for proving contents..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order after granting eight effective opportunities including three last opportunities - Said order not challenged - Application for additional evidence is in fact a back door entry which will have the effect of setting aside the order of closing evidence - Moreover by way of additional..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Rejection of application - Legality of order - Vague and general allegations in regard to demand of dowry - Deceased committed suicide as she became extremely perturbed by her father's insult and was not allowed to go with her father - No prosecution..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power to summon additional accused u/s 319 Cr.P.C can be exercised at any stage - Court can proceed even against those persons who are not arraigned as accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court can summon additional accused even if after recall of witnesses there is evidence on record...........
Criminal Procedure Code, 1973, Section 193 -- Summoning of additional accused - Sister of deceased who first reached place of occurrence did not name either of petitioners as an assailant - Even injured and independent witness not named the petitioners - Prosecution not gave any such evidence which convinced Court to record a satisfaction of existence of prima facie..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No person on application u/s 319 Cr.P.C. can be summoned as additional accused merely on basis of statement of complainant recorded in Court unless there is material to summon - Hence, in order to summon accused some fresh evidence must have come on record so as to impel Court to summon such..........
