Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Warrant can be issued for appearance before Court only and not before police - Authorization for detention in police custody is neither to be given as a matter of course nor on mere asking of police, but only after exercise of judicial discretion based on materials placed before him - But it cannot be said that..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Cannot be obtained by police for production of accused in aid of investigation, as words in aid of investigation should be understood as steps which are necessary to be taken by police to declare an accused as a proclaimed offender or proclaimed absconder...........
Criminal Procedure Code, 1973, Section 73, 82 -- Non-bailable arrest warrant - Can be issued only if accused who is evading arrest is to be declared as a proclaimed offender or proclaimed absconder...........
Criminal Procedure Code, 1973, Section 73, 82 -- Non-bailable arrest warrant - When any requisition made by police before any Court for purpose of no, bailable warrant, then requisition must disclose that there is evidence to substantiate allegation that person concerned is an accused of a no, bailable offence and is evading arrest also at same time - Such requisition..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Provision does not limit discretion of Court or creates any barrier in exercising such discretion - However, Court should come to conclusion that allowing of party to examine a witness or cross-examine a witness already examined, should be bonafide and it is based on circumstances...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - At the time witnesses were examined accused was in jail and counsel sought time as he has no complete instructions - PWs specifically deposed case of prosecution with incriminating material - Non-cross examination of witnesses thus, caused prejudice and affect the interest and..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Imposition of onerous condition to deposit 20% of imposed fine amount, while allowing application u/s 389 Cr.P.C. is not justified - Impugned order to the extent of imposing said condition quashed and set aside...........
Criminal Procedure Code, 1973, Section 54 -- Application for scientific tests by accused - Narco Analysis, Brain Mapping and Polygraph etc. - Objection by complainant that application filed belatedly - Objection rejected, as only stage where accused has a right to speak out before court is stage of defence i.e u/s 313 Cr.P.C - Otherwise, also S.165 Cr.P.C. empowers trial..........
Criminal Procedure Code, 1973, Section 228, 161, 164, Indian Penal Code, 1860, Section 363, 366A -- Framing of charges u/ss 363, 366-A IPC - Inconsistent statement u/ss 161 & 164 Cr.P.C. - Statement u/s 161 Cr.P.C. that she voluntarily accompanied accused to his village - However, statement u/s 164 Cr.P.C. that accused gave some intoxicant to her and was taken to his..........
Criminal Procedure Code, 1973, Section 482 -- Two FIR's - Quashing - It is only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations or when facts disclose prima facie cognizable case and also disclose remarkable identity between two FIRs as if..........
