Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Permission to surrender - When Cr.P.C permits a person accused of an offence to surrender before Court having jurisdiction over the subject matter, it cannot refuse permission...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Alongwith bail application accused filed surrender memo - When accused appeared before Court and moved bail application then he surrendered before Court - When accused appears before Court and applies for surrender, his prayer shall be accepted - Magistrate shall consider his plea for surrender and entitlement to bail as..........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - If some mistake is made by I.O by not producing some documents of relevance at the time of submitting the report or charge sheet, it is always open to I.O to produce the same with the permission of Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction issued to I.O to further investigate the matter in a particular way is not permissible u/s 173(8) Cr.P.C and is thus unsustainable...........
Criminal Procedure Code, 1973, Section 220 -- Joint trial - Same transaction - Commonality of purpose or design and continuity of action manifest that the same or different offences were committed in the course of the same transaction - Proximity of time, unity of place, unity or community of purpose or design and continuity of action make the series of acts alleged..........
Criminal Procedure Code, 1973, Section 220 -- Joint trial - Offences in question leading to two different sets of transactions i.e of sexual exploitation of minor girl and other of abetment to commit suicide - Acts alleged cannot form the same transaction and were not proximate in time and were not of continuity either - Prayer for a joint trial of cases cannot be..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized non-judicial stamp register - Case under NDPS Act - Seized register is a corroborative piece of evidence - It is therefore directed that certified zerox copy of seized register be obtained and same be placed on record and after that seized non-judicial stamp register will be handed over to petitioner with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Procedure adopted in such cases is summary - Any matter which is decided in a summary manner shall not have an effect of res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition for maintenance - Res judicata - Earlier petition for maintenance was dismissed - Wife filed second maintenance petition in a premise that there has been change in circumstance - Second maintenance petition is maintainable when there is change of circumstances...........
Criminal Procedure Code, 1973, Section 439, 438 -- Pendency of bail application - Duty of police officer before arrest of accused - It is the duty of every Police Officer to contact the office of prosecutor before arresting an accused, when a bail application is pending before a Court of law to verify whether there is any interim order passed by Court - Without verifying..........
