Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. deals with procedure of summoning additional accused to face trial who has been left out by police and not charge-sheeted along with other accused persons...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319(1) Cr.P.C. leaves it to judicial discretion of Court, where trial is proceeding to summon a person as an accused (who has been left by police), if evidence has appeared before Court that such a person has committed an offence for which he should be tried together with other accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is more than a prima facie case to proceed against petitioners u/ss 498-A, 304-B IPC - Merits and defence of accused cannot be appreciated at this initial stage of taking cognizance - Defence so put by accused with regard to their false implication would be taken into account by Trial..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Pre-arrest bail cannot be granted as a matter of course - Power u/s 438 Cr.P.C. (S.482 BNSS) could be exercised only when a special case is made out that too after recording reasons thereof...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Mere fact that an accused was in a foreign country when an application for pre-arrest bail u/s 438 Cr.P.C. was filed, does not make application not maintainable...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Concealment of fact that accused was in abroad when filing application, that alone is enough for Court to decline to exercise its discretion u/s 438 Cr.P.C. (S.482 BNSS) in his favour...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When wife discontinued her job due to marital obligations as well as compulsions than she is entitled to get maintenance from husband who is in well paid profession, till she again get the job of sufficient income to maintain herself...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
