Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - A person may be summoned u/s 319 Cr.P.C even on a statement recorded during examinatio, i, chief even before cross-examination, as there is no principle as to point in time when such power may be exercised - However, it would all depend on facts of each case and quality and nature of evidence..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Criminal Procedure Code, 1973, Section 439, 306(4)(b) -- Bail - Approver - Acid attack - Dispute was of cheque - Cause of death was directly attributed to main accused - Role of petitioner is not such as it would incriminate him at par with principal accused or even reflect that petitioner played a major role in act of causing death of deceased - Moreover, petitioner as an..........
Criminal Procedure Code, 1973, Section 30, 429(2) -- Sentence of imprisonment in default of fine would be in excess of or in addition to substantive sentence to which an offender may have been sentenced or to which he may be liable under commutation of sentence...........
Criminal Procedure Code, 1973, Section 427 -- Default sentence - Default sentences inter se cannot be directed to run concurrently...........
Criminal Procedure Code, 1973, Section 30, 429 -- Default sentence - Default sentences inter se cannot be directed to run concurrently - However, considering financial condition of accused, a case is certainly made out to have sympathetic consideration about quantum of default sentence - While maintaining quantum of fine in respect of four counts of offences punishable..........
Criminal Procedure Code, 1973, Section 231 -- Examination of prosecution witnesses - Prosecution can always examine witnesses not named in charge sheet with or without supplementary charge sheet based on a subsequent investigation...........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
