Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 287, 336 -- Quashing of FIR - Death due to rash and negligent act - Out of Court settlement - Alleged offences are no, compoundable offences and it is not expedient in the ends of justice to quash FIR on the basis of out of Court settlement, as out of Court settlement is not per se..........
Prevention of Corruption Act, 1988, Section 4, 5, Criminal Procedure Code, 1973, Section 26 -- Special Judge appointed not only to deal with cases of PC Act but also other cases relating to NRHM (National Rural Health Mission Scam) - Special Judge alone could deal with cases under PC Act, however, non PC Act cases could also be allowed to be tried by Special Judge u/s 26..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - A person who has deposed as prosecution witness cannot be summoned to face trial as additional accused on the basis of his own statement...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence adduced on the side of defence and FSL reports would squarely fall under the category of evidence during trial as contemplated u/s 319 Cr.P.C. - However, it should appear to Court from such evidence that person sought to be summoned has also committed the offence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - All materials produced by I.O can be used as corroboration for the evidence recorded during course of trial to enable Court to exercise power u/s 319 Cr.P.C. - Trial Court should bear in mind while invoking provision of S.319 Cr.P.C. that much stronger evidence is available to summon a person..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Application for exemption from personal appearance of accused rejected - Merely because accused can very well appear in Court is no ground to reject application u/s 205 Cr.P.C...........
Criminal Procedure Code, 1973, Section 41(1)(a), (b), (c), (d), (e) -- Arrest - I.O is empowered to arrest wrongdoer only when he has reason to believe on the basis of information and material collected that accused committed an offence - However, before making arrest, I.O is required to satisfy himself that arrest is necessary for one or more purposes envisaged u/s..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451 -- Quashing of order - Order framing charges u/ss 354, 451 IPC - Accused allegedly made an attempt to outrage the modesty of complainant - Plea of alibi was taken by accused - However, documents produced by accused in support of such plea are not per se admissible - Witnesses are required..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence by public servant - It is not every offence committed by public servant which requires sanction for prosecution u/s 197 Cr.P.C. - Sanction is required only if offence is committed by accused while he is engaged in his official duty - Moreover, if offence is committed by accused while he was..........
Criminal Procedure Code, 1973, Section 197, 482, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence by public servant - Received Illegal gratification from co-accused - Quashing of proceedings - Receiving of illegal gratification is no way connected with discharging of official..........