Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Approach of Additional Judicial Commissioner is correct inasmuch as while taking cognizance, it firstly applied its mind to materials before it to form an opinion as to whether any offence has been committed and thereafter went into the aspect of identifying the persons who appeared to have committed the..........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Unless Court feels that prayer is made to protract the course of trial or to vex the parties, opportunity to lead evidence in defence ought to have been granted...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Any action taken in good faith by government employee in discharging of duties or performing their duties in good faith and intended to be done in pursuance of law then no suit, prosecution or any other legal proceeding shall lie against State Government or any officer of Government or any other..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioner being government employee was not acting in the course of his official duties at the time of alleged incident - There is thus, no requirement to seek prosecution sanction to proceed against petitioner in relation to these alleged offences - Petitioner cannot invoke protection of S.197..........
Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Scope - Provision of S.4 of Probation of Offenders Act is wider and expansive in its coverage than the one u/s 360(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 4 -- Probation - If S.360 Cr.P.C. is not applicable in a particular case, there is no reason why S.4 of Probation Act would not be attracted...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Conviction u/s 498-A IPC - Release on probation - Court of Sessions and High Court omitted to consider whether appellants can be granted benefit of probation either u/s 360(1) Cr.P.C. or u/s 4 Probation Act - Matter remitted to High Court for..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - At the time of framing of charge, Court has to see whether the act, irrespective of its result was done with intention or knowledge and under the circumstances mentioned in S.307 IPC...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When an appeal against conviction is preferred before High Court, at the earliest stage, High Court must examine whether there is a proper statement of accused recorded u/s 313 CrPC (S.351 of Bharatiya Nagarik Suraksha Sanhita) - If any defect is found, at that stage same can be cured either by High..........
