Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of witness - Summoning of doctor - Merely because prosecution did not cite said doctor as a witness cannot be a ground to deny petitioners opportunity to summon such a material expert witness, when his evidence appears to be relevant and necessary for just decision of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319(1) Cr.P.C. leaves it to judicial discretion of Court, where trial is proceeding to summon a person as an accused (who has been left by police), if evidence has appeared before Court that such a person has committed an offence for which he should be tried together with other accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Criminal Court is empowered to summon any person as a witness at the stage of inquiry, trial or other proceeding, provided that such summoning and examination are absolutely necessary for just decision of case - Such a decision taken by a Court of law normally shall not be interfered with, since Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court is empowered to summon a person to face trial, who is not accused in the case on the basis of evidence...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) -- (Criminal Procedure Code, 1973, S.41-A) - Notice of appearance before police officer - S.35 does not empower police to summon or question a person without registering any case against him - It only specifies circumstances under which a Police Officer may arrest a person without a warrant...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For summoning an additional accused u/s 319 Cr.P.C. mere prima-facie case is not sufficient - It is to analyze, whether before trial Court material was sufficient to summon petitioners u/s 319 Cr.P.C. or not...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 74 -- (Criminal Procedure Code, 1973, S.72) - Arrest warrant - Non-execution of arrest warrant issued against certain police officers - Directions issued in Ganesh Ram vs. State of Rajasthan not been properly complied - Directions issued to summon DGP, Rajasthan to explain why a police officer, despite an arrest warrant,..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of person as accused - Court of Session takes cognizance of the case or offence as a whole and therefore is entitled to summon anyone who on the material before it appears to be involved in such offence to stand for trial before it...........
