Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - S.391 Cr.P.C. provides that an appellate Court may at its discretion take additional evidence if it considers such evidence necessary for just decision of case - However, power to take additional evidence should be exercised sparingly and only in cases where: (i) evidence sought to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Criminal Procedure Code, 1973, Section 482 -- Direction to police to file Charge sheet - Cannot be granted...........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Completion of investigation without unnecessary delay is the mandate of law - It is obligatory on the part of Investigating Officer to conclude the investigation, as early as possible, and to file final report, closure report or charge sheet without any delay...........
Criminal Procedure Code, 1973, Section 172 -- Police diary - Court can use the entries made in diaries for the purposes of contradicting police officer as provided in S.172(3) Cr.P.C. if there is any inconsistency or contradiction arising in evidence - Under S.172(3) Cr.P.C criminal Court may send for diaries and may use them not as evidence, but to aid it in an inquiry or..........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Use of police diary by accused - Neither accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by Court as per S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Entries in case diaries are not evidence nor they can be used by accused in Court unless the case comes within scope of S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in investigation and it is not desirable to make available the police diary to accused on his demand...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528) - Direction for investigation - High Courts while exercising its inherent powers u/s 482 Cr.P.C. can issue directions for prompt and proper investigation - However, it would be out of bounds to instruct investigation to be completed in a certain time frame in alignment with..........
Criminal Procedure Code, 1973, Section 50 -- Arrest - Grounds of arrest must be provided to arrestee in terms of Art. 22(1) of Constitution - However, mode of furnishing such grounds of arrest, shall depend upon statutory prescription, if any and in the absence of any prescription of furnishing written grounds of arrest, arresting authority must ensure compliance of..........
