Criminal Procedure Code, 1973, Section 482 -- Defence material at quashing stage - Consideration of defence material including sale deeds or other title documents at the stage of S.156(3) Cr.P.C. would necessarily involve adjudication on disputed questions of fact and would amount to conducting a mini-trial which is wholly impermissible...........
Criminal Procedure Code, 1973, Section 482 -- Investigation not to be scuttled - Criminal investigation ought not to be scuttled at the threshold except where complaint ex facie does not disclose commission of any cognizable offence or where continuation of proceedings would amount to an abuse of process of law - If facts are hazy and investigation has just begun,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - S.311 Cr.P.C. makes it manifest that filing of an application by Public Prosecutor is not a precondition for exercise of powers u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has power to act suo moto and Court can exercise power if it is of view that circumstances warranting exercising powers u/s 311 Cr.P.C. exist - It is immaterial that circumstances have been brought to notice of Court by complainant or by any other person - Application at the instance of complainant..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Trial Court has passed the impugned order of allowing application after a proper analysis of relevant facts and circumstances of case on the basis of sound reasons - Filing and allowing of application u/s 311 Cr.P.C. cannot be said to be an abuse of process of law and there is no error or illegality in..........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of material witness for cross-examination - PW9 is stated to be an eye witness of occurrence - Denial of an effective opportunity to cross-examine a prime witness, particularly an eyewitness would amount to a palpable infraction of right to fair trial and would strike..........
Criminal Procedure Code, 1973, Section 125, 128 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 147) - Enforcement of order passed u/s 125 Cr.P.C (S.144 BNSS) - Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to maintenance under chapter IX Cr.P.C (Chapter X BNSS) - Nyayadhikari of Gram Nyayalaya, directed to decide pending execution..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of two witnesses u/s 311 Cr.P.C. - Despite issuance of bailable as well as arrest warrants, witnesses were not traceable - Criminal trial cannot be permitted to remain pending indefinitely for securing presence of witnesses who remain untraceable despite repeated efforts - Trial Court rightly closed the evidence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Benefit of S.125 Cr.P.C has been expressly restricted till attainment of age of majority by child - Son of petitioner has been a major for the last five years and thus not entitled to maintenance u/s 125(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
