Can't display summary as content is Scanned, Please open the judgment to see full content.

...was AK-56 and that in question 1 put to the appellant under Section 313 CrPC he was told that he had been found in possession of an AK-56 rifle besides the live cartridges. On this basis it is argued...Section 313 CrPC as AK-56 had prejudiced him, it would still not affect the prosecution case because there is nothing on the record to show that Rifle Ex. P-1 was not an AK-56 rifle. Besides in answer to...as also the reports from the CFSL. Various documents including the seizure memos etc. were also produced at the trial. The appellant in his statement recorded under Section 313 CrPC denied the...

...informed them about their rights under Section 440 of CrPC, however, subsequently no bail applications were 56...academies and the direction dated 21.03.2023 for application of the judgment in Satender Kumar Antil (Supra) to Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC"), by and...application under Section 88 of CrPC, therefore, the High Court is required to inform on its compliance alone. (iii) In terms of directions contained in para 100.7...

...cognizance taken and the issuance of process Respondent 2 moved the High Court under Sections 397/401 read with Section 482 CrPC for quashing the cognizance taken and also the issue of process. The main ground...of challenge was that being in the employment of the State Government Respondent 2 enjoyed the protection of Section 197 CrPC and that no court could take cognizance of the offence alleged to have..., had been committed by Respondent 2 while discharging official duties which brought him within the protective umbrella of Section 197 CrPC.8. In support of the aforesaid...

...& 125-26, paras 12-14, 17-19, 22, 47 & 53-56)“12. Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is...) CrPC against four accused only. That, thereafter the investigating agency conducted further investigation by Jagdeep Singh HPS, DSP, Panipat. It appears that a report under Section 173(8) CrPC was also...application before the learned Magistrate under Section 319 CrPC to summon the appellants herein to face the trial for the offences under Sections 148, 149, 323, 324, 325, 302, 307 and 506 IPC. It was the...

...A.P (2012) 7 SCC 56, AIR 2012 SC 2242 this Court examined the scope of the provisions of Section 311 CrPC and held as under...date for hearing final arguments as 5-3-2013.4. The appellant preferred an application under Section 311 CrPC on 5-3-2013 for permission to examine three witnesses. The said...by the learned counsel for the parties and perused the record.8. Section 311 CrPC empowers the court to summon a material witness, or to examine a person present at “any...

...supplied)15.6 In P. Sanjeeva Rao v. State of A.P (2012) 7 SCC 56, AIR 2012 SC 2242 the scope of Section 311 CrPC has been...of 2009, the trial court disallowed the applications of the respondents filed under Section 311 of the Code of Criminal Procedure (CrPC), to re-examine PW 9, the informant. The High Court.... Subsequently, the second respondent came forward with a petition dated 24-8-2007, under Section 311 CrPC and sought for permission for his re-examination. For the same purpose, the Additional Public...

...& 125-26, paras 12-14, 17-19, 22, 47 & 53-56)“12. Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted..., thereafter, the appellant herein filed an application before the learned trial court under Section 319 CrPC for summoning of the additional accused, private respondents herein on the basis of the evidence...recorded. That the learned trial court after considering the statements of both, the appellant and other eyewitnesses and the material on record allowed the application under Section 319 CrPC vide order...

...circumstances as explained hereinabove.56. There is yet another set of provisions which form part of inquiry relevant for the purposes of Section 319 CrPC i.e...of inquiry or trial as contemplated under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”).2. The initial reference was made by....4. Reference made in Dharam Pal (2004) 13 SCC 9 came to be answered in relation to the power of a Court of Session to invoke Section 319 CrPC at the stage of committal of the case to a Court of...

...This petition is filed by the petitioner-accused No 1 under Section 439 CrPC, seeking to release her on bail in Crime No 56 of 2017, registered by the respondent-police for the offences...punishable under Sections 370 read with This petition is filed by the petitioner-accused No 1 under Section 439 CrPC, seeking to release her on bail in Crime No 56 of 2017, registered...

...Order 23/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No.56/2009 registered at Police Station, Bhadsora, District..., this bail application is allowed and it is directed that accused petitioner(s) Madan Lal S/o. Prabhu Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he...conditions laid down under Section 437(3) Cr.P.C. (SANJEEV PRAKASH SHARMA) J. Sanjay ...

...Order 24/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No.56/2017 registered at Police Station...directed that accused petitioner(s) Pancharam Son of Shri Hariram, Dholaram Alias Shanker Lal Son of Shri Sukhram and Revata Ram Son of Prahalad Ram shall be released on bail under Section 439 CrPC in...Nagana, District Barmer for the offences under Section 420, 467, 468, 407, 379 & 120-B of IPC and Section 3/7 & 3/8 of Essential Commodities Act. (2 of 3) [CRLMB-10830/2017...

...Judgment / Order 21/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No. 56/2011 registered at Bijoliya Police Station , District Bhilwara for...petitioner Suresh Jain @ Puchhi S/o Ramchandra Jain shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with two sureties...the offences under Section 302, 307, 148, 341, 332, 353, 120-B IPC. Learned counsel for the petitioner has submitted that the identification parade where in...

...'), being aggrieved by the order dated 8.2.2017 passed by the Special Sessions Judge, Gwalior, whereby bail application of the appellant under Section 438 CrPC has been dismissed. FIR...bearing Crime No.56/2016 has been lodged against the appellant for the offences under Sections 354 of I.P.C. read with Section 3(1) 1(3), 2(5) of the Act, at Police Station- G.R.P., N.G., Gwalior. It..., in view of the provisions of Section 18 of the Act, this appeal for releasing the appellant on anticipatory bail under Section 438 CrPC is not maintainable. Therefore, the appeal is dismissed. (SUNIL KUMAR AWASTHI) JUDGE ...

...the complainant Kanta Devi filed Crl. Appeal No. 1154 of 2017 before the High Court which are pending determination.56. Section 223 CrPC provides that persons accused of the...bloodstained slippers from the scene of occurrence.4. On the date of occurrence, the IO recorded the statement of Rajesh Gupta, s/o the deceased under Section 161 CrPC. Rajesh Gupta...date of the occurrence under Section 161 CrPC. He stated that he was running his own business, and that Narendra Mann, Lalit Mann and their friends would make threatening calls to his son Naveen...

...conclusion as to the guilt or innocence of each of the accused persons mentioned in the reference.”56. Section 369 CrPC further stipulates that every case...) 3 SCC 24, SCC at p. 62, para 26. Further, Section 354(3) of the CrPC recognizes the fact that in death sentence cases special reasons have to be recorded, and case law has further embellished...referring to Section 362 of the CrPC and saying that ordinarily in all criminal matters no review is provided. When it was pointed out to him that the “court” in Section 362 could not possibly refer to...

...Additional Sessions Judge dismissed an application under Section 319 CrPC moved by the appellant herein for summoning the Respondent Nos. 2 to 5 herein as additional accused in the case FIR No. 477 dated.... That by order dated 05.09.2017, the Learned trial Court dismissed the application under Section 319 CrPC for summoning Sukhpal Singh, Tejpal Singh, Parab Sharan and Preet Samrat as additional accused to...the Learned trial Court under Section 319 CrPC for summoning Palwinder Singh, Sartaj Singh, Rajwant Singh and Sukhdeep Singh as additional accused. On the basis of the evidence recorded the Learned...

...of the victim as 1st November, 1991. The said High School certificate was taken on record by order dated 18th April, 2014. Later, the prosecution moved an application no.56-B under Section 311 CrPC...the earlier order dated 18th April, 2014 the instant application under Section 482 CrPC has been filed. Learned counsel for the applicants submitted that the view taken by the Court... So far as the order dated 18th April, 2014 taking the High School certificate on record is concerned, the said order cannot be said to be without jurisdiction, inasmuch as, under Section 91 CrPC the...

...No. 4 is the married sister-in-law.11. We have gone through the statements of the victim-housewife recorded under section 164 CrPC, which is at page 56 of the case diary...order is subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.15. The application for anticipatory bail is, thus, disposed of.16. Personal appearance of the Investigating Officer stands dispensed with....

...wedded wife and she is, therefore, not entitled to maintenance under Section 125 CrPC for the sole reason that “law leans in favour of legitimacy and frowns upon bastardy (1928-29) 56 IA 201, AIR 1929...appeal at the instance of an estranged wife, once again has beseeched this Court to delve and decide the question regarding grant of maintenance under Section 125 CrPC which arises after grant of special...way of maintenance to her under Section 125 CrPC. The respondent husband assailed this order by way of a criminal revision before the High Court of Andhra Pradesh which was allowed and the order...