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 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 482, 397 -- Petition u/s 482 Cr.P.C. - Availability of remedy u/s 397 Cr.P.C. does not make a petition u/s 482 Cr.P.C. not maintainable, as S.397 Cr.P.C. is attracted against all orders other than interlocutory order...........
Criminal Procedure Code, 1973, Section 311, 231(2) -- Recall of prosecution witnesses - Murder trial - Grounds urged for recall of witnesses pertain to illness of counsel who was engaged on behalf of defence and his inability to put certain questions and had not given certain suggestions and on change of counsel - However, prosecution had examined all the witnesses -..........
Criminal Procedure Code, 1973, Section 174 -- Scope - Proceedings u/s 174 Cr.P.C. have a very limited scope - Object of proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death - Question regarding details as to how deceased was assaulted or who assaulted him or under..........
Criminal Procedure Code, 1973, Section 177, 178 -- Territorial jurisdiction - There is no absolute prohibition that offence committed beyond the local territorial jurisdiction cannot be investigated, inquired or tried - However, after investigation is over, if officer arrives at the conclusion that cause of action for lodging FIR has not arisen within his territorial..........
Criminal Procedure Code, 1973, Section 174, 154 -- Inquiry - Investigation on an inquiry u/s 174 Cr.P.C. is distinct from investigation u/s 154 Cr.P.C. relating to commission of a cognizable offence - Since there was no FIR registered nor any report u/s 173 Cr.P.C. was submitted, challenge to FIR lodged after closing of case on earlier enquiry conducted u/s 174 Cr.P.C...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of..........
Prevention of Corruption Act, 1988, Section 4, 5, Criminal Procedure Code, 1973, Section 26 -- Special Judge appointed not only to deal with cases of PC Act but also other cases relating to NRHM (National Rural Health Mission Scam) - Special Judge alone could deal with cases under PC Act, however, non PC Act cases could also be allowed to be tried by Special Judge u/s 26..........
