Criminal Procedure Code, 1973, Section 311 -- Recall of child witness - Mere fact that counsel of a party handled the case in haste is not at all a strong or valid reason to exercise discretionary power vested u/s 311 Cr.P.C which has to be exercised judiciously and not arbitrarily...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), 12, Criminal Procedure Code, 1973, Section 311 -- Recall of victim/child witness for further examination - Offence u/s 12 of POCSO Act - No satisfactory reason projected to recall the witness - Sessions Judge who recorded evidence was fully convinced that further examination of witness by recalling her..........
Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 20(3) -- Second FIR - Maintainability - Double jeopardy - When FIR is already registered, second FIR relating to same date, time and place of occurrence not maintainable against same accused, as it amounts to double jeopardy - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(4), 3(15), 3(5) -- Sanction for prosecution - Cheating - Forgery - Official work assigned to accused fell within his domain of work - Role assigned to accused in the case is..........
Securities and Exchange Board of India Act, 1992, Section 24A, Criminal Procedure Code, 1973, Section 320 -- Compounding of offences - Application for - An offence under the SEBI Act can be compounded only under the SEBI Act and not as per S.320 of Cr.P.C............
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed on 182th day, as Courts were closed four days earlier to said date of filing charge sheet - Immediately on opening of Court charge sheet was filed - Bail denied to accused...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Criminal Procedure Code, 1973, Section 482 -- Quash petition - High Court can grant interim protection order in exceptional cases with caution and circumspection giving brief reasons...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Leave to appeal - High Court while determining an application for leave to appeal must set forth its reasons in brief...........
