Criminal Procedure Code, 1973, Section 313 -- Examination of accused - While recording the statement u/s 313 Cr.P.C in cases involving a large number of PWs, Judicial Officers will be well advised to take benefit of S.313(5) Cr.P.C, which will ensure that the chances of committing errors and omissions are minimized...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appellate Court should not re-appreciate the evidence at the stage of S.389 Cr.P.C and try to pick up few lacunas or loopholes here or there in the case of prosecution...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Murder case - High Court while suspending sentence of accused has gone into issues like political rivalry, delay in lodging FIR, some over writings in FIR etc. - All these aspects will have to be looked into at the time of final hearing of appeals filed by accused - Order of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application or subsequent filing of charge sheet or a report seeking extension of time by prosecution before Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused when fails to apply for default bail when the right accrues to him and subsequently a charge sheet or a report seeking extension of time is preferred then right to default bail would be extinguished...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
