Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of person as accused - Court of Session takes cognizance of the case or offence as a whole and therefore is entitled to summon anyone who on the material before it appears to be involved in such offence to stand for trial before it...........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Summoning of person as offender - Unless the court has taken cognizance of offence, a person merely alleged or suspected to be involved in the commission of such offence, cannot be called upon or compelled to partake in criminal proceedings as it violates the person`s right to dignity and the right..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Any offence - Magistrate is empowered to take cognizance of an offence even if the same is triable exclusively by the court of session...........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance - Cognizance is of an offence and not the offender - Therefore, in absence of an offence, no cognizance can be take and no proceedings can be initiated...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Discharge of an accused does not mean that no offence had occurred in the first place...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Cognizance is always qua an offence and relates to initiation of proceedings, whereas discharge is only in respect of an accused and concerned with the existence of sufficient ground to proceed against accused...........
Criminal Procedure Code, 1973, Section 193, 319 -- Cognizance of offence by Court of Session - Summoning of person as accused u/S. 193 - It is not proper for Court of Session to wait till the stage u/S. 319 CR.P.C to proceed against the person against whom prima facie case is made out from the material contained in case paper sent by the Magistrate while committing the..........
Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence - Summoning of person as accused - Court of Session has power u/S. 193 Cr.P.C to summon a person as accused to stand trial, even if he has not been charge-sheeted by the police and whose complexity in the crime appears in evidence available on record...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where a dispute which is essentially of a civil nature, is given cloak of a criminal offence, then such disputes can be quashed by exercising inherent powers u/s 482 Cr.P.C...........
