Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail to a co-accused cannot be made dependent upon surrender of another accused who is described as main accused...........
Criminal Procedure Code, 1973, Section 91, 311A -- Voice sample - Voice sample was sought not from accused during course of investigation but from witnesses, who during the course of examination had denied their voices - Magistrate has power to direct recording of voice samples, based on principles of ejusdem generis and also on principle that fundamental right to privacy..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not initially named in the FIR - It was only when complainant saw the CD he came to know that accused was also one of accomplices of offenders - However, said CD has not come in evidence before trial Court - Statement of complainant alone cannot form basis to summon accused as an..........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Magistrate can order a person to give specimen signatures or handwriting if Magistrate is satisfied that for the purpose of investigation or proceedings under the Code, it is expedient to direct any person including an accused to give specimen signature or handwriting...........
Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Power of Magistrate - Magistrate has a statutory duty to pass a speaking order after application of mind before invoking powers u/s 311-A Cr.P.C...........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Failure to put incriminating circumstances to accused may not ipso facto vitiate the entire trial - However, it can be established that non-compliance of mandate of provision would vitiate the proceedings from the stage of S.313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Application for discharge rejected without disclosing any reasons - Impugned order set aside - Magistrate directed to reconsider the application and pass a speaking order thereon...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Hearing of appeal in the absence of advocate of accused - High Court ought to have appointed a lawyer to espouse his cause after finding that advocate appointed by accused was absent - High Court thus, committed illegality by deciding appeal against conviction preferred by accused without hearing..........
Criminal Procedure Code, 1973, Section 216, 374, 386 -- Appeal against conviction - Alteration/addition of charge in the absence of advocate of accused - Grave prejudice has been caused to appellant by altering charge without giving notice to accused or his advocate about alteration of charge...........
