Criminal Procedure Code, 1973, Section 240 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.263(1) - Framing of charge - Charge should be framed in writing - It cannot be in a printed format - Court cannot prepare a format of charge and fill the details of each case in vacant space of format...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW12 for further re-examination - Murder - CD of CCTV footage and pen drive in question were handed over to SHO by a third party - Accused therefore, has every right to seek re-examination of PW12/Inspector to elicit all relevant facts before trial Court delivers its final decision - Moreover, accused `R' initially..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If complaint is out of vengeance, then Court can interfere u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `M' and `H' were the aggressors, who came to dhani of complainant late in the evening without there being any immediate provocation - Their intention..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Petitioner `V' is in custody since 01.12.2024 and till date not a single witness has been examined - While taking into consideration the period of custody already undergone by petitioner `V' fact that he does not have any..........
