Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Recalling of witnesses should not be permitted at the fag end of trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. cannot be exercised at a pre-trial stage, as to bring in another accused - There must be some evidence and for some evidence the trial must commence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be considered at the stage of quashing and same is to be addressed after proper appreciation of evidence during trial...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
Criminal Procedure Code, 1973, Section 465 -- Omission to frame charge - Even the absence of a charge by a Court will not vitiate the trial or judgment to be delivered in the case...........
Criminal Procedure Code, 1973, Section 465 -- Framing of new charge - Accused faced trial in the Trial Court knowing well that a Court having no jurisdiction to try the case had framed the charge - He did not mention this irregularity while the Trial Court recorded the evidence - Without any objection, he participated in the trial and never raised a case that he was..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, 29 -- Bail - Offence u/ss 25, 29 of Arms Act - Petitioner is alleged to be found in illegal possession of weapons - He is in custody for a period of 1 year, 10 months and 21 days - Petitioner does not have any criminal antecedents - Trial is likely to take time as 17 PWs are yet to be examined - Bail..........
