Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, detailed analysis of entire evidence is not expected - Satisfaction is to be recorded that there are grounds for framing charge and not beyond that...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When either at the instance of prosecution or on behalf of accused, Court is ignited regarding the necessity of alteration of charge, Court can exercise its power u/s 216 Cr.P.C., based on evidence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Alteration of charge is the vested right of Court within the province of Court and not that of parties...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When Court feels that power u/s 216 Cr.P.C to alter the charge shall be invoked suo motu based on the evidence recorded, Court has the power to alter charge resorting to its power u/s 216 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Expeditious disposal of application - Family Court exercises jurisdiction of judicial Magistrate while deciding an application u/s 125 Cr.P.C - Application u/s 483 Cr.P.C. seeking a direction to Family Court for expeditious disposal of an application u/s 125 Cr.P.C. would be maintainable...........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Interim maintenance - Pendency of application since 18.04.2023 - Direction be issued to Family Court for expeditious disposal of application for interim maintenance...........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
