Criminal Procedure Code, 1973, Section 164(5) -- Recording of statement - By administering oath u/s 164(5) Cr.P.C. - Limited only to witnesses and not to accused making confession...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 186, 332, 353, 120B, 504, 342, 506 -- Bail - Offence u/ss 186, 332, 353, 120-B, 504, 342, 506 Part II, 323, 34 IPC - Out of offences made out against petitioner only Ss.332, 353 IPC are no, bailable and punishable for a sentence upto three years and two years imprisonment respectively - No..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Written complaint not scribed by PW1 and in cross examination she failed to name the person who wrote it - FIR is not a substantive piece of evidence and it can be used only for the purpose of corroboration or for contradiction - Such anomaly will not affect prosecution case if it is otherwise established through evidence..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Does not mean that allegations are proved - When trial begins full opportunity is given to prosecution as well as to accused to place their case before Court - Charge framed therefore, cannot be set aside in normal circumstances...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Criminal Procedure Code, 1973, Section 311 -- Recall or re-examination of a witness - Court enjoys vast power of summoning or recalling any witness at any stage of proceedings, if his/her evidence appears to be essential for just decision of the case - Courts should be more careful and cautious while exercising power u/s 311 Cr.P.C. but it can always summon, recall or..........
Criminal Procedure Code, 1973, Section 311 -- Recall or re-examination of a witness - Offence under NDPS Act - Re-examination of PWs 1 & 2 for limited purpose of identification of case property since both the witnesses were members of patrolling party in whose presence alleged contraband was recovered from exclusive and conscious possession of accused - Factum with regard..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date of order of remand is to be included in calculating period of 60 or 90 days as the case may be and holiday on last date does not extend period of limitation...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B -- Default bail - Offence u/s 304-B IPC - Charge sheet not filed within period of 90 days - 90 days period expired on 04.02.2018 - Application for default bail moved on 05.02.2018 and on the same day charge sheet also filed - Bail granted...........
Criminal Procedure Code, 1973, Section 229, Indian Penal Code, 1860, Section 409, 420, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(D) -- Discharge - Bitumen scam - Two charge sheets were submitted first against accused second against petitioners - Allegation against petitioners is short supply of bulk bitumen by supplier - However, allegation..........
