Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When either at the instance of prosecution or on behalf of accused, Court is ignited regarding the necessity of alteration of charge, Court can exercise its power u/s 216 Cr.P.C., based on evidence...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Alteration of charge is the vested right of Court within the province of Court and not that of parties...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - When Court feels that power u/s 216 Cr.P.C to alter the charge shall be invoked suo motu based on the evidence recorded, Court has the power to alter charge resorting to its power u/s 216 Cr.P.C...........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Application u/s 482 Cr.P.C - Maintainability - Where statutory remedy of appeal u/s 14-A of SC/ST Act is available, inherent powers of Court u/s 482 Cr.P.C cannot be invoked - Application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Accused wants to solemnize his marriage and for this purpose he sought interim bail - He is stated to have undergone an actual sentence of 4 years - Interim bail for 4 days granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
