Criminal Procedure Code, 1973, Section 399, 482 -- Revision and Inherent jurisdiction - Scope - While exercising power u/Ss. 399, 482 Cr.P.C. Session Court and HC must delve into the material on record to assess what complainant has alleged and whether any offence is made out, even if allegations are accepted in toto...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - While seeking bail on the ground of delay in trial, it is incumbent upon applicant to place on record order sheets of trial Court in order to rule out the possibility that matter is being adjourned at request of applicant himself...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 239 -- Alteration/addition of charge - Alteration or addition of charge may be done by Court at any stage of trial even after closing all evidence, arguments or reserving the judgment subject to condition that there was omission in framing of charge or material brought on record leads the Court to form presumptive opinion..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Exhibition of documents - Complainant filed documents along with his affidavit that were already on record but did not exhibit due to oversight - Documents are very much essential for just decision of case and therefore, they should be duly exhibited - Trial..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused, creates a doubt as to whether prosecution has brought on record real genesis of incident - Such non-explanation, however is a factor which is to be taken into account in judging veracity of PWs and Court has to scrutinize evidence with care...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court is obliged to scan the material on record and give a finding if there is sufficient ground for proceeding against accused - There must be broad discussion of factual matrix leading to the conclusion that there is sufficient ground for proceeding against accused - Order dismissing discharge application set..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing charges, Court has to accept material brought on record by prosecution and elaborate enquiry is impermissible...........
