Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidentiary standard required for a Court to exercise its discretion u/s 319 Cr.P.C., for summoning an additional accused, is significantly higher than prima facie threshold applicable at the stage of framing charges...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent Nos.2 to 4 was mentioned in FIR, but during course of investigation police after examining material and statements on record, found them innocent and placed them in column No.2 - No new or independent material has been brought on record which could justify exercise of powers..........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Cannot be ordered merely on account of fact that complainant has stated that he is not satisfied with investigation conducted...........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Once a cancellation report is submitted, Magistrate can reject the same by giving reasons or refer the matter for further investigation - He also has option of taking cognizance of offence himself - However, question of rejecting cancellation report and sending same back for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Merely imposing condition of directing accused to carry out plantation of saplings on the premise that it would serve social cause and on said basis, bail came to be granted by suspending the sentence without considering merits, could not stand test of law - Impugned order of granting..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 351 -- (Criminal Procedure Code, 1973, S.313) - Examination of accused u/s 351 BNSS - No legal impediment in permitting petitioner to answer questions u/s 351 BNSS either by adopting procedure laid down in S.351(5) BNSS Basavaraj R. Patil's case or by getting his answers recorded via electronic video linkage under Linkage..........
