Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366 -- Summoning of additional accused - Offence u/ss 363, 366 IPC - Neither cross-examination of witness is required before summoning additional accused nor any categorical finding that in all likelihood person summoned may be convicted, is necessary before exercising such power - Argument..........
Criminal Procedure Code, 1973, Section 301, 302 -- Appearance by public prosecutor - At the stage of framing of charge u/s 239 Cr.P.C. - Role of informant or private party is limited during prosecution of a case in a Court of Session - Counsel engaged by complainant is required to act under the directions of public prosecutor - However, power is conferred on Magistrate to..........
Criminal Procedure Code, 1973, Section 320(1) -- Compounding of offence - Offence specified in column 1 and 2 of Table u/s 320(1) Cr.P.C. can be compounded by person specified in 3rd column of said Table - It is immaterial whether such a person was a complainant or not or whether case was instituted upon a police report or on a private complaint - But after conviction,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Demand of dowry - Magistrate found a prima facie case against accused after inquiry and as such accused were summoned - At this stage there is no occasion to look into the question,..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Corruption case - Further investigation - Order directing further investigation u/s 156(3) Cr.P.C. - Cannot be passed in absence of valid sanction...........
Criminal Procedure Code, 1973, Section 228, 240, 464 -- Framing of charge - Omission to frame written charge - Charge framed already read over and explained to accused - At later stage, charge framed found absent from record - However, no prejudice caused to accused from omission to frame written charge - Framing of fresh charge held, not required - Petition dismissed...........
Criminal Procedure Code, 1973, Section 228(1)(b), 464 -- Omission to frame written charge - S.464 Cr.P.C. naturally comes after S.228(1)(b) Cr.P.C. therefore, S.464 Cr.P.C. is a curative section and the defect that trial Court did not frame in writing a charge against accused can safely be cured...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife income tax payer - Statement of wife recorded in a criminal case reveals that she is living an adulterous life - Dismissal of application - No interference warranted...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Change of counsel - Not a ground to recall witness...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Prosecution for offence u/s 494 IPC can be launched by wife against husband at a place where she is permanently residing after commission of offence...........
