Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Title suit - Plaintiff is praying for admitting document in evidence to show that there was a criminal case between parties due to dispute relating to suit land and a proceeding u/ss 144, 145 Cr.P.C had also been initiated involving suit property - Documents are certified copies and its authenticity..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Dismissal of application for bail at the time when investigation was pending - Order of discharge set aside by High Court - Accused not indulged in any unlawful activity when he was a free man during this period - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 124A, 153, 153A, 153B, Unlawful Activities (Prevention) Act, 1967, Section 18, 39 -- Bail - Offence u/ss 120-B, 124-A, 153, 153-A, 153-B IPC and Ss.18, 39 of UAPA - Accused has suffered incarceration for about 567 days - Order of discharge set aside by High Court - Nothing brought on record..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance, Magistrate has no power to add or alter Sections considering case diary and charge sheet...........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - Omission to frame charge or any error in charge is never fatal unless, failure of justice has in fact been occasioned thereby...........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C by a police officer during investigation - Cannot be used as evidence, albeit accused may use a part of statement in terms of S.162 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Rape - Accused by way of additional evidence summoned Deputy Commissioner of police on the ground that he had purportedly recorded video of crime scene in his mobile phone - However, when prosecution states that police team had visited scene of crime, plea to examine Deputy Commissioner..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere registration of an FIR against accused during pendency of his bail application when he was on interim bail, cannot amount to violation of conditions of interim bail - Order of withdrawal of concession of bail set aside...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted detailed Negative final report - Where detailed negative final report is submitted, it becomes imperative upon Magistrate before taking cognizance of offence and issuance of process, to show his disagreement with conclusion of I.O. and it should be mentioned in clear terms in the..........
