Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial concluded - Petitioner cannot be tried again...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order allowing application u/s 319 Cr.P.C is based on statement of PW1 without considering relevant facts and without recording any satisfaction that there is some cogent evidence which may lead to his conviction - Even there is apparent contradiction in statement of PW1 during course of trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Co-accused acquitted by trial Court and trial abated against main accused, who died and there is no change of witnesses - No appeal is filed by State or by informant/victim, thus same attained finality - Petitioner thus, cannot be convicted and liable to be discharged - Order allowing..........
Indian Penal Code, 1860, Section 392, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 393, 34 IPC - Offence in question is serious and heinous in nature - FIR cannot be quashed by High Court merely on the basis of compromise in exercise of its inherent powers u/s 482 Cr.P.C - Moreover, petitioners whether or not are guilty of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 120B -- Bail - Kidnapping - Criminal conspiracy - Victim is not recovered till date - Court find no good reason to exercise discretion in favour of accused - Taking into account evidence brought on record as well as complicity of accused but without commenting merits of case, accused cannot..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Age of case - Not by itself decisive of matter when prayer is made for examination of material witness...........
Criminal Procedure Code, 1973, Section 311, 284, 285 -- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid delay in the matter and..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Nothing to indicate lack of bona fide - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding report u/s 173(2) Cr.P.C and..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Witnesses cannot be recalled merely because subsequently engaged lawyer is of the view that previous lawyer has not performed his duties efficiently or he was an inefficient lawyer or is guilty of professional misconduct, more particularly where full opportunity of hearing was given to applicant and he..........
