Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court
1 year ago

Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court

Live Law  

The Supreme Court recently held that splitting of trial under section 317 of Cr. It is pertinent to note section 317 CrPC which states: If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. ” The Supreme Court bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal against a judgment of the Madras High Court which allowed the Criminal Revision petition and split the trial U/s 317 of Cr. The High Court noted that the case was pending since 2016 where summons remained unserved for 3 accused individuals, and nonbailable warrants were pending against 8 others out of a total of 30 accused persons. The petitioner represented by Advocate on record A. Velan argued that the High Court had passed the order without being acquainted with the order of the judicial magistrate ordering further investigation in pursuance of the application by respondent no.1.

Supreme Court Trial Investigation Court Order Case Accused High Magistrate Petitioner Crpc Further Investigation  case  cr  s  high  magistrate  splitting  supreme  order  cant  petitioner  ordered  accused  court  trial  investigation  pc

History of this topic

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 8 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

Complete Supreme Court Yearly Digest Part-3
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-3

Live Law  

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 10 months ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Supreme Court Criminal Digest: June 2022
2 years, 5 months ago

Supreme Court Criminal Digest: June 2022

Live Law  

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Sanjay v. State, 2022 LiveLaw 555 Code of Criminal Procedure, 1973; Section 220 - trial for more than one offence - if in one series of acts …

BREAKING: DELHI HIGH COURT PASSES SPLIT VERDICT ON CRIMINALIZING #MARITAL RAPE
2 years, 7 months ago

BREAKING: DELHI HIGH COURT PASSES SPLIT VERDICT ON CRIMINALIZING #MARITAL RAPE

Live Law  

The Delhi High Court will pronounce the judgment TODAY on a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.A bench of Justice Rajiv Shakdher and Justice C Hari Shankar pronounced the judgment after reserving the orders on …

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC
2 years, 8 months ago

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC

Live Law  

The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Section 482 of CrPC and issue …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 1 month ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 3 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 4 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

Discover Related