Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant may result in defamation of complainant before readers - However, newspaper report does not name..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance - Petitioner had at no time appeared in person before I.O/Economic Offences Wing (EWO) and sent response through an advocate - No reason as to why petitioner not appearing before EWO especially in terms of S.41-A Cr.P.C. - Petitioner directed to appear before I.O to join investigation...........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
Criminal Procedure Code, 1973, Section 173(6) -- Further investigation - Magistrate has power to direct further investigation only after filing of police report in terms of S.173(6) Cr.P.C. - Magistrate has no power to direct re-investigation or fresh or de novo investigation which falls in domain of superior Courts that too in exceptional cases...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Merely because additional evidence is permitted to be recorded by trial Court it does not mean that opinion has been expressed by appellate Court, even impliedly, on admissibility and reliability of said additional evidence...........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Grant of bail merely on the ground that deceased belonged to another religion without discussing relevant factors relating to granting or withholding bail in a murder case - Order granting bail set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Oral arguments - First informant/victim cannot as a matter of right assert that his counsel should be permitted to make oral arguments over and above arguments that may be canvassed by Public Prosecutor - Even if Court permits, assisting counsel can submit written arguments after evidence is..........
Criminal Procedure Code, 1973, Section 301 -- Prosecution by private counsel - Public Prosecutor alone is sole officer to decide general policy of trial - Even after permission granted for rendering assistance u/s 301(2) Cr.P.C, responsibility for conduct of prosecution continues to be with Public Prosecutor...........
Criminal Procedure Code, 1973, Section 301 -- Sessions trial - Appearance by Public Prosecutor - In Sessions trials, case against accused is to be prosecuted only by Public Prosecutor and not by counsel engaged by aggrieved private party...........
