Criminal Procedure Code, 1973, Section 319 -- Power of S.319 Cr.P.C. - Can be exercise only after trial proceeds and commences for recording of evidence, which may lead the trial Court to believe that array of some accused is necessary...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge sheet discloses commission of an offence as accused forcefully demolished the wall and taken possession without recourse to process of law - No case made out for quashing FIR...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Cognizance of offence - Negative police report - Protest petition filed after a lapse of one year and eight months - Period of taking cognizance u/s 468 Cr.P.C. lapsed during the intervening period - Even if protest petition is considered to be containing facts pertaining to commission of offence then also the same..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 227, 482 -- Dishonour of cheque - Offence by company - Admittedly, resignation of accused was accepted by company and resolution was passed by company - However, forwarding of Form No.32 by accused to Registrar of Companies will be matter of trial - Therefore, Court cannot enter into..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation of delay - Delay in filing appeal due to incorrect legal advice - It cannot be considered that applicant deliberately and mala fidely filed the appeal belatedly - Court must be extremely liberal in the matters of condonation of delay and if a person has acted in bona..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 394 -- Compromise in an offence u/s 394 IPC - Offence not compoundable within scope of S.320 Cr.P.C. - However, Court in view of compromise arrived at between parties can reduce the sentence imposed while maintaining conviction...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - An application u/s 311 Cr.P.C. can be considered even at the fag end of trial and if necessary allowed if Court finds that allowing such application will not render filling up of the lacuna in either the prosecution case or the defence case...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of Investigating officers (I.Os) for further cross-examination - Petitioner sought re-examination of I.Os on the point of sanction, as such issue had never cropped up in the Course of trial - Petitioner is a sitting Member of State Legislative Assembly and for prosecuting petitioner sanction was sought by I.O. - This..........
Criminal Procedure Code, 1973, Section 235(5) -- Conviction - Opportunity of hearing to accused on quantum of sentence - Mandatory - In absence of same sentence awarded cannot be sustained...........
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - While considering the application for grant of bail u/ss 437, 438, 439 Cr.P.C., legislature purposely gave overriding effect of provisions of 2015 Act by clearly mentioning in S.12 of the said Act...........
