Criminal Procedure Code, 1973, Section 319, 401(2) -- Additional accused - Prayer declined - Allowed by revisional court without affording opportunity of hearing to such accused - Held, concerned accused has right of hearing by revisional court even if he had no such right of hearing at the original stage...........
Criminal Procedure Code, 1973, Section 311 -- Re-examination - Any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person already examined who are expected to be able to throw light upon the..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination - Object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society - This power is to be exercised only for strong and valid reasons and it should be exercised with caution and circumspection - Recall is..........
Criminal Procedure Code, 1973, Section 482, Punjab Civil and Criminal Courts, Preparation and Supply of Copies of Records Rules, 1965, Rule 3 -- Supply of certified and uncertified copies of documents by Juvenile Justice Board - Petitioner facing trial in Court of Sessions and co-accused, a juvenile, facing trial in Juvenile Justice Board - Offence pertaining to same FIR -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part II), 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part II), 34 IPC - Appeal is of year 2015 - There is no possibility of appeal being finally heard in near future - Accused remained in jail for about 3 years and is suffering from various ailments - Accused..........
Criminal Procedure Code, 1973, Section 173(3) -- Further investigation - No report u/s 173(2) Cr.P.C. submitted by police officer in prescribed form - Investigation is not completed but is going on - This is not a case of further investigation or re-investigation - It is a case of initial investigation for which neither information to Magistrate/Court concerned is required..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the address where he was residing - That after passing of order declaring him as proclaimed offender, petitioner has surrendered..........
Criminal Procedure Code, 1973, Section 190, 210 -- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant, rather proceeded to take..........
Criminal Procedure Code, 1973, Section 202(2) -- Complaint - Complainant not bound to examine all witnesses named in complaint and he is at liberty to examine any of them and decline the rest by filing a memo - Provision is mandatory only when witnesses whose statements are recorded u/s 200 Cr.P.C. and S.202 Cr.P.C will be permitted to be examined before Court of Session..........
