Criminal Procedure Code, 1973, Section 156 -- Injuries sustained by accused in the same incident in which prosecution party sustained injuries - I.O. failing to investigate the cause of, and circumstances resulting in, injuries on person of accused - Even an attempt to record statement of accused who sustained injuries not made - Held, the investigation suffers from..........
Criminal case -- Quashing of complaint during during pendency of civil suit - Criminal cases have to be proceeded with in accordance with the procedure as prescribed under the Code of Criminal Procedure and the pendency of a civil action in a different court even though higher in status and authority, cannot be made a basis for quashing of the proceedings...........
Criminal Procedure Code, 1973, Section 428 -- Inherent powers of High Court - An order cannot be passed without notice to the person likely to be affected by the proposed order...........
Criminal Procedure Code, 1973, Section 313 -- Question of vital nature - When not put to accused - Such omission alone should not result in setting aside the conviction - Effort should be made to undo or correct the lapse - If it is not possible to correct it by any means the Court should then consider the impact of the lapse on the overall aspect of the case - After..........
Criminal Procedure Code, 1973, Section 190(1), 319 -- Real offenders when not charge sheeted - Having taken cognizance of the offence, a Magistrate can find out who the real offenders were and if he comes to the conclusion that apart from the persons sent by the police some other persons were also involved, it is his duty to proceed against those persons as well...........
Criminal Procedure Code, 1973, Section 397, 482 -- Revision - Dismissed as not pressed - Accused cannot be allowed to invoke the inherent powers of the High Court u/s 482 Cr.P.C. for the grant of same relief...........
Criminal Procedure Code, 1973, Section 319 -- Provision of S.319 Cr.P.C. gives ample power to court to take cognizance and add any person not being an accused before it and try him alongwith other accused, if during trial there appears sufficient evidence indicating his involvement in the offence - Power however being extra ordinary should be used very sparingly...........
Criminal Procedure Code, 1973, Section 221(ii) -- Court can convict for an offence which has been committed though not charged with - Question then is whether any prejudice would be caused to the accused - Appellant not willing to re-cross examine witnesses for the offence committed - Held, accused are liable to be convicted for the offence committed by them...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Law has not fixed any time for lodging the FIR...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Prompt and immediate lodging - Purpose is two fold (i) that it affords commencement of the investigation without any time lapse (ii) It expels the opportunity for any possible concoction of a false version...........
