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..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioners contended that they were directed over phone to appear before Adalat on the very next day and when they appeared they were forced into compromise - However, petitioners themselves admit that there was no coercion for their appearance and they were..........
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...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Alleged incident occurred against consent of victim - It is not a fit case to grant bail to accused at this stage - Bail application dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 48, Constitution of India, 1950, Article 22, 21 -- Intimation of arrest - Requirement of informing person arrested of grounds of arrest is not a formality but a mandatory statutory and constitutional requirement - Non-compliance with Art.22(1) of Constitution will be a violation of fundamental right of accused..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Specific grounds and reasons for arrest were communicated to both applicant and his relative - Although separate grounds for arrest were provided to each, there was no mention of quantity of contraband seized from..........
Criminal trial -- Mediation settlement would not absolve accused of his criminal liability...........
