Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - If view taken by trial Court is plausible view, High Court is not justifiable in reversal merely because a different view is possible...........
Criminal Procedure Code, 1973, Section 251, Indian Penal Code, 1860, Section 279, 304A -- Framing of notice u/s 251 Cr.P.C - Fatal accident - Rash and negligent driving - Prima facie there is evidence on record from the report of FSL on mechanical inspection and crime scene report that car of accused overtook motorcycle of deceased on a high velocity thereby causing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 50, Criminal Procedure Code, 1973, Section 389 - - Appellant 75 years of age and is 100% visually impaired - Appeal already admitted - No likelihood of appeal being taken up for final disposal shortly - Without commenting on merits of the case and keeping in view the totality of facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where prosecution evidence is closed long back and reasons for no, examination of witness earlier is not satisfactory, summoning of witness at belated stage would cause great prejudice to accused and should not be allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Successive applications for recall of a witness u/s 311 Cr.P.C should not be encouraged by Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Case was registered in 1983 - 29 PWs already examined - Application to examine proposed witness was allowed in 2004 - Prosecution failed to keep him in Court for his examination - However, multiple applications were filed to summon him and all of them allowed but prosecution failed to procure his..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482 -- Quashing of order taking cognizance - Cognizance taken on basis of protest petition by taking into account affidavits filed along with protest petition - Order cannot be sustained and set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 201, 323, 120B, 34 -- Third bail application - Attempt to murder - Conspiracy - Prima facie though evidence is on record to show that petitioner hatching conspiracy with other accused to inflict injury to complainant by use of firearms, but there is no inkling from evidence to show that..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely because a person is not named in FIR or charge sheet, does not mean that whenever a statement is recorded before Court and name of any person is taken, Court has to mechanically issue process u/s 319 Cr.P.C...........
