Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Expression `any person' used in S.319 Cr.P.C means any person who is not being tried by Court in the ongoing trial - It includes even such persons who were named in the FIR but not charge-sheeted after investigation - Even such persons who were discharged at the stage of framing of charge are..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 436, 34 -- Summoning of additional accused - Offence u/ss 436, 34 IPC - Eye witness/PW1 of incident clearly deposed that petitioners had set the house of informant to fire resulting into destruction of his house and household items - His evidence does not appear to be demolished even after his..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner himself came forward and has undertaken to appear before trial Court on each and every date, order declaring petitioner as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Offences under I.T Act - Inherent jurisdiction of Court u/s 482 Cr.P.C is forbidden as per Circular dated 17.10.2024 where the compounding of offence is permissible u/ss 276-B, 276-BB of I.T Act - Petitioner may resort to procedural remedy u/s 320 Cr.P.C and seek for compounding of offences...........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Death of complainant - Petitioner wanted to come into picture on the basis of a Will executed by complainant - Unless and until, petitioner succeeded in establishing the said Will, he has no locus standi to come on record and prosecute the complaint - Complainant filed the complaint through..........
Criminal Procedure Code, 1973, Section 164 -- Copy of statement recorded u/s 164 Cr.P.C. - Final report filed - Complainant is entitled to copy of statement u/s 164 Cr.P.C...........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call detail records and tower location - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C. would violate right to privacy of police officials but right of accused u/art 21 of Constitution in ensuring free and fair investigation/trial..........
Criminal Procedure Code, 1973, Section 91 -- Power u/s 91 Cr.P.C. must be exercised for production of such evidence, which would assist Court in discovering truth in the pursuit of justice - However, right of privacy of police officials cannot be breached at the ipse dixit of accused - Before any such order for production of call details/tower location is passed, accused..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of tower locations of witnesses of trap proceedings - Tower location of cell-phones of witnesses on the scene of offence is probable distance of petitioner to unearth true facts, during course of trial - Any denial of best available evidence or effective and substantial hearing to accused in proving defence would..........
