Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - Duty to record reasons is significant safeguard which ensures that discretion which is entrusted to Court is exercised in a judicious manner - Succession of orders of granting of bail by recording that `respective parties do not press for further reasoned order' without recording any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - High Court while granting bail to accused persons overlooked the cross FIR lodged by A-6 - Post mortem reports indicate that extensive nature of bodily injuries were sustained by each of five deceased - Whether deaths occurred as a result of bullet wounds or otherwise can make no..........
Criminal Procedure Code, 1973, Section 309 -- Speedy trial - Main grouse of accused is that he has not been speedily dealt with at trial Court u/s 309 Cr.P.C - Accused filed writ petition for directions to trial Court to conclude the trial - However, instead of invoking jurisdiction u/arts 226, 227 of Constitution, accused has to first move to trial Court and seek relief..........
Criminal Procedure Code, 1973, Section 389(2) -- Suspension of conviction - Appellate Court has power to suspend sentence and conviction - Order granting stay of conviction is not rule but an exception to be resorted in rarest of rare cases, depending upon facts of the case...........
Criminal Procedure Code, 1973, Section 411, 412 -- An order u/s 411 cannot be passed without recording reasons as mandated by S.412 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - Defence on merit is not to be considered at the stage of framing of charge and/or at the stage of discharge application...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - At the stage of framing of charge and/or considering discharge application, mini trial is not permissible...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
