Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal u/proviso to S.372 does not get..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In the trial Court some times pleadings are not properly drafted and merely on technicalities the relief should not be denied - It is not necessary that particular section should be mentioned in the application - It is the substance in the application which is material for adjudicating upon the relief..........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Criminal Procedure Code, 1973, Section 207, 173 -- Documents - Accused is entitled to copies of (i) the police report, (ii) first information report, (iii) the statements recorded under Section 161(3) of all the persons whom the prosecution proposes to examine as its witnesses as mentioned in Section 173(5)(b), (iv) the confessions and statements recorded under Section 164..........
Criminal Procedure Code, 1973, Section 190 -- After taking cognizance Magistrate can adopt any of the alternatives viz. (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straightaway issue process to the accused but before he does so he must comply with the requirements of Section 200 and record the evidence of the..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Criminal Procedure Code, 1973, Section 202 -- Accused residing outside jurisdiction of Court - Court failed to carry out an enquiry or ordered investigation as contemplated under the amended section of 202 Cr.P.C. - Held, complaint not to be quashed - Complaint has to be remitted with a direction to Magistrate to pass fresh order following the provision of S.202 of the..........
Criminal Procedure Code, 1973, Section 432, 433A -- Power of government to remit sentence - Scope - Held, S.432 has limited application to convict - Remission can be granted u/s 432 of Cr.P.C. in the case of a definite term of sentence - This section will come into play only if convict is to be given an "additional" period of remission for his release i.e. a period in..........
Criminal Procedure Code, 1973, Section 82(1), 82(4) -- Proclaimed person and proclaimed offender - Distinction is only in context to the mode of declaration of an absconder as "proclaimed offender" - A "statement in writing" by Court issuing the proclamation to the effect that proclamation was duly published on a specific day in manner specified in clause (i) of..........
