Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Re-appreciation of evidence - If trial Court and appellate Court has recorded finding of fact, question of re-appreciation of evidence by third Court does not arise unless it is found to be totally perverse...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sine qua non for applicability of S.197 Cr.P.C is that offence charged must be committed by public servant either in his official capacity or under color of office held by him and that there is a direct or reasonable connection between the act and official duty...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act of applicants/police officials was not committed in their official capacity or under color of office held by them - There is no direct or reasonable connection between their act and their official duty - Merely because applicants are police officials, it would not provide any shield to applicants..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Court can call upon to admit or deny genuineness of documents filed before it by prosecution or by accused, but such documents have to be included in a list providing for particulars of each document...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Formal proof of a document is not required once its genuineness is admitted by adverse party - Provision is applicable to all documents filed either by prosecution or accused, irrespective of their nature and character...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Special Judge can invoke provisions contained in S.294 Cr.P.C suo moto without an application from prosecution - No formal application from either prosecution or defence in this regard is needed...........
Criminal Procedure Code, 1973, Section 294 -- Documents - List prescribed u/s 294(1) Cr.P.C is different from the list of documents annexed with charge-sheet/complaint - Inclusion of documents sought to be admitted or denied by an adverse party is necessary to give notice to that party, and providing a copy of said list to adverse party is necessary to ensure that said..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Separate list of documents, containing particulars thereof in conformity with provision contained in S.294(1) CrPC is required to be prepared and exchanged with adverse party before calling upon said party to admit or deny documents contained in said list...........
