Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - In order to summon a person u/s 319 Cr.P.C, mere taking of name is not sufficient but there must be something more to show implication of person is sought to be summoned...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of a witness for further cross-examination - For purpose of arriving at truth of case, if Counsel feels that in circumstances, certain aspects for cross-examinations are required to be conducted of PWs who is important in the trial, one opportunity ought to be given for said purpose - Application allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court cannot hold a mini trial at the stage of considering a petition u/s 482 Cr.P.C to ascertain if allegations leveled against petitioner are true or motivated...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Quashing of FIR - Offence u/ss 13(1)(e), 13(2) of P.C Act - Merely because departmental enquiry exonerated petitioner of same charges which are subject matter of FIR, does not entitle a quashment of FIR in favor of petitioner...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Quashing of FIR - Assets disproportionate to known source of income - Prima facie offence in question disclose against petitioner - There is sufficient material on record to warrant an investigation against petitioner - Admittedly investigation has not yet concluded -..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Revisional jurisdiction of High Court u/s 401 Cr.P.C operates within narrow limits and can be exercised only in exceptional cases where interests of public justice require interference for correction of gross miscarriage of justice - It cannot be exercised because lower Court has taken a wrong view of law or..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If Court granting bail ignores relevant material indicating prima facie involvement of accused or takes into account irrelevant material, which has no relevance to question of grant of bail to accused, High Court or Sessions Court would be justified in cancelling bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 458, 436 -- Quashing of proceedings - Compromise - Offence u/ss 458, 436 IPC - Complainant and petitioners have already entered into compromise - There is no possibility of conviction of accused for offence punishable u/ss 458, 436 IPC - Proceedings quashed...........
