Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - Proposed accused are parents of co-accused - Merely because prosecutrix has alleged that proposed accused were present at the time of occurrence, same is not sufficient enough for persuading Court for using its extraordinary power u/s 319 Cr.P.C to summon them - Application rightly..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376 -- Summoning of additional accused - Respondent was declared innocent during course of investigation by assigning sufficient and cogent reasons - There is lack of prima facie material, and case stands short of standard of degree of satisfaction which is required to summon respondent as an..........
Criminal Procedure Code, 1973, Section 190(1)(b), 204 -- Cognizance of offence - Summoning of additional accused - Magistrate is empowered to take cognizance of offence and thereby summon any other person as an additional accused who may also appear to have committed offence from facts stated in charge sheet of police...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - More than prima facie case has been made out against petitioner to invoke S.319 Cr.P.C and summon him as an additional accused to face trial...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere repetition of contents of FIR by complainant in his statement recorded in the Court would not be enough to summon a person to face trial u/s 319 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
