Criminal Procedure Code, 1973, Section 202 -- Summoning of accused without examining all the witnesses - Summoning of accused shall not be bad in the eyes of law if Magistrate proceeds to summon accused without examining all witnesses stated in the witness list - It is very much open for Magistrate to proceed to decide on point of summoning of accused on the basis of..........
Criminal Procedure Code, 1973, Section 319 -- Adding person as an accused - Proof - No allegation against respondent to suggest that she ever instigated or abetted deceased to commit suicide - It is for first time petitioner raised a bald allegation in testimony before court - Held, assertion is not sufficient to summon respondent as an additional accused...........
Criminal Procedure Code, 1973, Section 204 -- Summoning of accused not named in charge sheet - Trial Court has adequate powers to summon any person even if not named in charge sheet provided there is sufficient material to proceed against him and a prima facie case is made out against such person as well...........
Criminal Procedure Code, 1973, Section 319 -- Adding person as accused - All petitioner named in FIR along with co-accused - Petitioner "P" found innocent by investigating agency and as per report of Special Investigating Team which was ordered by court - Only lalkara has been attributed to petitioner "P" and no other active role is attributed to them - Cannot held that..........
Criminal Procedure Code, 1973, Section 197 -- Sanction - Complainant alleged that District town Planner asked for the transfer of half land in his favour in lieu of issuance of CLU for the plot - No sanction has been obtained from competent authority before prosecuting the District town Planner - Only on the basis of oral statement of complainant it is not sufficient to..........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - Accused provided just a short period of 11 days to lead defence evidence - However, prosecution was given ample time to complete its evidence - Application to summon defence witness was filed immediately without any delay - Trial Court while refusing application u/s 233 Cr.P.C. did not consider as..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Mere writing of proclamation on the document will not fulfill the conditions of issuance of proclamation - In instant case, nothing is clear as to whether it is summon or bailable warrant etc. - Not mentioned in proclamation that accused are absconding or intentionally not appearing before Court or Court is..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 482 -- Dowry demand or harassment - Quashing of proceedings - Distant relations - Mere naming of distant relations is not enough to summon them in absence of any specific role and material to support such role - Court has to be careful in summoning distant..........
Criminal Procedure Code, 1973, Section 204 -- Summoning of accused - Magistrate has no power to summon accused merely because complaint against him is filed as there should be sufficient ground for proceeding in case of complaint after examination of complainant - Summoning of accused by Magistrate without examining contents of complaint amounts to no, application of his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize the complaint and, if the..........
