Criminal Procedure Code, 1973, Section 213, 313 -- Charge - Misleading charge framed - There is every possibility of accused getting misled due to framing of incorrect charge - Most material circumstances brought on record not put to accused in his statement u/s 313 Cr.P.C. - Prejudice has occasioned failure of justice - Since, incident occurred 22 years ago, it is not..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Apprehension of not getting a fair and impartial justice is required to be reasonable based on strong material and not hypothetical - Merely making vague allegation that there is an apprehension in the mind of applicant that justice will not be done alone would not be sufficient - Application dismissed...........
Criminal Procedure Code, 1973, Section 82(1) -- Proclamation u/s 82(1) Cr.P.C - Proclamation was marked to SHO concerned requiring petitioner to appear before Court - However, neither proclamation was publicly read in some conspicuous place of Amargarh nor 30 days period was given to petitioner to appear in Court - Order whereby petitioner was declared absconder, is..........
Criminal Procedure Code, 1973, Section 82(1) -- Proclamation u/s 82(1) Cr.P.C - Direction issued i.e : (i) Courts of Judicial Magistrates are required to take provisions of S.82 Cr.P.C. in its true letter and spirit; (ii) It is advised that whenever a proclamation is issued, then two dates be given in the order i.e. first date should be within 15-20 days giving the..........
Criminal Procedure Code, 1973, Section 300, 227 -- Applicability of S.300 Cr.P.C. - Has to be considered at the stage of discharge u/s 227 Cr.P.C, which is a stage prior to framing of charge u/s 228 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Child witness can be recalled if it is necessary for just decision of case, as bar u/s 33(5) of POCSO Act is not absolute - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - When PW4 and PW6 were examined, accused did not receive statement recorded u/s 164 Cr.P.C - Accused thus, has every right to contradict witness with statement recorded u/s 164 Cr.P.C - Recalling of PWs is thus, necessary for just decision of case - Application allowed...........
Criminal Procedure Code, 1973, Section 482 -- Direction to investigate - High Court has no power to direct investigation to be conducted in a particular manner u/s 482 Cr.P.C and u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. is of utmost importance and fair opportunity should be awarded to accused so that no prejudice is caused to him...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused in custody in another case - Application for anticipatory bail is not maintainable...........
