Criminal Procedure Code, 1973, Section 202(1) -- Enquiry - Accused living beyond jurisdiction of Magistrate - Held, enquiry or investigation is mandatory before issuance of summons...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........
Criminal Procedure Code, 1973, Section 12(2), 190 -- Additional Chief Judicial Magistrate - Transfer of case - Held, S.12(2) Cr.P.C. confers on Additional Chief Judicial Magistrate same powers as that of a Chief Judicial Magistrate - Hence, transfer of case by Additional Chief Judicial Magistrate after taking cognizance of case to transferee Magistrate for inquiry and..........
Criminal Procedure Code, 1973, Section 306 -- Grant of pardon to an accused - Object of - Held, power to grant pardon enjoined u/s 306 Cr.P.C. is a substantial power and reasons for tendering pardon must be recorded - It is for prosecution to ask that a particular accused out of several may be granted pardon if it thinks that it is necessary in interest of successful..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Application for - CBI filed application before Special Judge for grant of pardon to second respondent - Special Judge referred application to Magistrate to deal with same since case was under investigation - Held, no..........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Power of High Court - Accused absconding after commission of no, bailable offence - Held, accused can surrender directly before High Court and pray for bail - There are no restrictions on High Court to entertain an application for bail provided accused is in custody and this position obtains as soon as accused..........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Power of Court of Session - Held, since Magistrate is completely barred from granting bail to a person accused of an offence punishable by death or imprisonment for life, a superior Court such as Court of Session, should not be incapacitated from considering bail application especially keeping in perspective..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - S.190 Cr.P.C. contemplates cognizance of an offence by Magistrate in any of the following four circumstances - (i) upon receiving complaint of facts; (ii) upon police report of such facts; (iii) upon information received from any person other than police officer; (iv) upon Magistrate's own knowledge...........
Criminal Procedure Code, 1973, Section 225 -- Public prosecutor - Duty of - Public prosecutor is not expected to show a thirst to reach the case in conviction of accused somehow or other, irrespective of true facts involved in the case - Expected attitude of public prosecutor while conducting prosecution must be couched in fairness not only to Court and to investigating..........
