Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
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 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Non furnishing list of witnesses - Issuance of process - Provision of S.204(2) Cr.P.C. is mandatory but this by itself does not vitiate the issue of process or jurisdiction of Court - Moreover, S.145 of N.I. Act which is pari materia to S.254(2) Cr.P.C..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Blind murder case - Case set up is basically on basis of disclosure statement - No recovery was made from accused - Accused is not involved in any other case - Statement of labourers who according..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Nodal officers of Mobile Companies were mentioned in list of witnesses and record of calls etc. was available on file yet they were not examined due to inadvertence of public prosecutor - Certificate u/s 65-B of the Act with regard to Customer Application Form and tower location was part of record -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - As per FIR, abuse took place within four walls of building - In the list of witnesses, certain witnesses are named but it could not be said that those were the persons present within the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v)..........
