Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidentiary standard required for a Court to exercise its discretion u/s 319 Cr.P.C., for summoning an additional accused, is significantly higher than prima facie threshold applicable at the stage of framing charges...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent Nos.2 to 4 was mentioned in FIR, but during course of investigation police after examining material and statements on record, found them innocent and placed them in column No.2 - No new or independent material has been brought on record which could justify exercise of powers..........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Cannot be ordered merely on account of fact that complainant has stated that he is not satisfied with investigation conducted...........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Once a cancellation report is submitted, Magistrate can reject the same by giving reasons or refer the matter for further investigation - He also has option of taking cognizance of offence himself - However, question of rejecting cancellation report and sending same back for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Merely imposing condition of directing accused to carry out plantation of saplings on the premise that it would serve social cause and on said basis, bail came to be granted by suspending the sentence without considering merits, could not stand test of law - Impugned order of granting..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no prohibition under NDPS Act/Rules 2022 that Special Court constituted under NDPS Act, during pendency of trial, cannot release conveyance seized under NDPS Act on interim custody/Supurdagi -..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of CCTV footage and colour photographs which is part of challan - Denying supply of the same will amount to withholding opportunity of a fair trial - Trial Magistrate directed to supply of copies of pen drive and photographs to petitioner before framing of charge...........
