Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
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 -..........
Indian Penal Code, 1860, Section 407, 504, 506 -- Offence u/ss 407, 504, 506 IPC - Property dispute between parties - Allegation that accused tried to take forcibly possession over disputed land and when resisted he abused complainant - However, PW1 not supported version of complaint and has back tracked from his statement u/s 244 Cr.P.C - Even statement of complainant was..........
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...........
