Criminal Procedure Code, 1973, Section 319 -- Additional accused - An opportunity of hearing has to be given to the proposed persons to be added as accused persons - Impugned order set aside as opportunity of hearing was not provided to them prior to passing the order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be decided while exercising power u/s 482 Cr.P.C - Court has to accept all allegations as true and thereafter has to come to a conclusion that allegations so made against accused, prima facie make out any offence or not...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Defence raised by accused cannot be considered at the stage of exercising power u/s 482 Cr.P.C and legitimate prosecution should not be stifled at such an early stage...........
Criminal Procedure Code, 1973, Section 190, 173 -- Charge-sheet and supplementary charge-sheet to be considered before passing summoning order...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash proceedings if it comes to conclusion that allowing proceedings to continue will be abuse of process of law...........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Criminal Procedure Code, 1973, Section 311 -- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the proceedings - Moreover, no..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Certainty of conviction cannot be examined at the stage of framing of charge, but accused has every right to be heard at the stage of framing charge...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Charges framed against accused by trial Court without considering application u/s 227 Cr.P.C - It is desirable to examine prima facie material against accused before framing charge, when there was an application u/s 227 Cr.P.C. on behalf of accused for discharging him - Impugned order of framing charges..........
