Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Examination of two witnesses is essential for just decision of case - Trial Court while declining prayer of complainant to examine such witnesses has not assigned any reason - Impugned order set aside - Application allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement of a witness can be taken to be statement u/s 161 Cr.P.C. when it was reduced in recording in case diary in presence of witnesses as well as I.O has made questions also which are also reduced in writing along with answers...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Child witness can be recalled if it is necessary for just decision of case, as bar u/s 33(5) of POCSO Act is not absolute - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - When PW4 and PW6 were examined, accused did not receive statement recorded u/s 164 Cr.P.C - Accused thus, has every right to contradict witness with statement recorded u/s 164 Cr.P.C - Recalling of PWs is thus, necessary for just decision of case - Application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused in custody in another case - Application for anticipatory bail is not maintainable...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Accused was found impersonating actual candidate/co-accused in examination center and was arrested from examination hall - Admit card issued to co-accused and driving license of co-accused were found in possession of accused - OMR sheet, question booklet and answer sheet allegedly filed by..........
Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
