Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere repetition of contents of FIR by complainant in his statement recorded in the Court would not be enough to summon a person to face trial u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is to record its satisfaction to extent that evidence if goes unrebutted, would lead to conviction - Trial Court while allowing application u/s 319 Cr.P.C not discussed or recorded its satisfaction to that extent - Impugned order set aside - Matter remitted back to trial Court for fresh..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere fact that there is no change of circumstances after dismissal of earlier bail application and third bail application is granted in favour of accused, by itself is not sufficient to cancel bail that is granted to accused, particularly when 48 witnesses has been examined and there is no material..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers u/s 482 Cr.P.C can be exercised to prevent abuse of process of Court or to give effect to any order under Cr.P.C or to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim and accused solemnized marriage with each other out of their own volition and are living together for the last 2 years - Mere fact that accused was not above 21 years would not render the marriage void - More so, on the date when matter is being..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Offence alleged committed in 1975 - Complaint filed with inordinate delay with no plausible explanation - Ordinarily the stale claims would not be entertained...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Act complained not an offence when committed - Accused cannot be brought to book merely because such act is criminalized in a subsequent legislation - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
