Criminal Procedure Code, 1973, Section 311 -- Examination of eye witnesses - Abduction case - Witnesses now sought to be examined were neither examined during investigation nor their names were mentioned in the list of witnesses at the time of presentation of challan - However, said witnesses had seen the accused abducting the victims - In case, witnesses are permitted to..........
Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 4(2) -- Offence under Act of 2012 - Special Court alone can deal with the offences under the Act of 2012 - Special Court alone has power to grant bail to a person accused of having committed the offence under Act of 2012...........
Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 10(3) -- Offence under POCSO Act - Bail granted by CJM as he was authorised by Special Judge to deal with POCSO matters during the absence of Special Judge - Held, S.10(3) of the Code confers power on the Sessions Judge and not on the Special Judge - No Court can be..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Court while hearing an acquittal appeal can re-appreciate evidence, however, it should not interfere with order of acquittal, if view taken by trial Court is also a reasonable view of evidence on record and findings recorded by trial Court are not manifestly erroneous...........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2003, Section 45, Constitution of India, 1950, Article 14, 21 -- Bail - Offence under PML Act - Imposition of limitations on bail - Discretion vests with Court to enlarge bail or to refuse bail u/s 45 of the Act on basis of reasonable grounds for believing - Said limitation on bail is in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Sufficient material on record against respondent Nos.4 and 6, as they were armed with sticks at the time of occurrence and had inflicted injuries on the person of injured - Trial Court committed error in dismissing application u/s 319 Cr.P.C. qua respondent Nos.4 & 6 - However, no specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 354A, 354B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Demand of dowry - Complaint discloses a prima facie case against accused persons - Order taking cognizance against accused rightly passed by Trial Court - High Court ought not to interfered in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting proposal of prosecution to cite..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Criminal Procedure Code, 1973, Section 437(3), 438 -- Bail - S.437(3) Cr.P.C. allows Courts to impose conditions in interest of justice - But such conditions cannot be arbitrary, fanciful or extend beyond ends of provision - In instant case, High Court while granting anticipatory bail exceeded its jurisdiction in imposing such arbitrary conditions - Some of conditions..........
