Trial Court Can Re-call It’s Judgment Vitiated By Fraud: Allahabad HC [Read Judgment]
8 years ago

Trial Court Can Re-call It’s Judgment Vitiated By Fraud: Allahabad HC [Read Judgment]

Live Law  

The high court upheld a trial court move ordering retrialThe Allahabad High Court has held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.Justice Anil Kumar Srivastava made this observation while disposing of a challenge against an order by the trial court. The high court upheld a trial court move ordering retrial The Allahabad High Court has held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play. Justice Anil Kumar Srivastava made this observation while disposing of a challenge against an order by the trial court wherein it recalled its acquittal order after it came to know that fraud was played upon the court by impersonating the witnesses. The accused challenged this order of the trial court, relying on Section 362 CrPC, contending that once a judgment has been delivered, the same cannot be reopened by the trial court.

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History of this topic

Court Can Order Reinstatement Of Acquitted Employee If Charges, Evidence In Disciplinary Proceedings Same As Criminal Case: AP High Court
1 week ago

Court Can Order Reinstatement Of Acquitted Employee If Charges, Evidence In Disciplinary Proceedings Same As Criminal Case: AP High Court

Live Law  

The Andhra Pradesh High Court has held that mere acquittal by a criminal court will not grant a right to the employee to claim reinstatement however if the charges in the departmental enquiry and the criminal court are similar and if evidence, witnesses and circumstances are the same, then the matter acquires a different dimension. However, if the charges in …

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court
1 month ago

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

Live Law  

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure. Holding so, a bench comprising Justice Sanjay Karol and Justice Manmohan set aside a direction passed by the Allahabad High Court asking the Narcotics Control Bureau …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months, 1 week ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Allahabad High Court Acquits Murder Convict Who Was Given Remission In 2021 Upon Spending 25 Years In Jail
2 months, 2 weeks ago

Allahabad High Court Acquits Murder Convict Who Was Given Remission In 2021 Upon Spending 25 Years In Jail

Live Law  

The Allahabad High Court last week acquitted a murder accused who had been given remission in the year 2021 upon completing 25 years in Jail, as it found manifest illegality in the trial court judgment pronounced in March 2002. In 2002, the trial court found the prosecution's case proved beyond a reasonable doubt, convicted the appellant under Section 302 IPC, …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 3 weeks ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
3 months, 4 weeks ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
4 months, 3 weeks ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

Live Law  

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months, 1 week ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The court held that the defence's admission of the documents could not be used to discredit the prosecution's story, as the prosecution had already supported …

S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court
6 months, 2 weeks ago

S.195 CrPC Bar Not Applicable When Forgery Was Committed On Document Before It Was Given As Evidence In Court : Supreme Court

Live Law  

Dealing with a case involving allegations of forgery, the Supreme Court recently reiterated that there is no embargo under Section 195 of CrPC to examine an allegation of forgery of documents filed in Court, when such forgery is committed before its production.As per Section 195 of the Code of Criminal Procedure, a Court can take cognizance of an offence of …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
1 year, 2 months ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
1 year, 2 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

'Material Circumstances Not Put To Accused Under S.313 CrPC' : Supreme Court Overturns Conviction In NDPS Act Case After 22 Years
1 year, 4 months ago

'Material Circumstances Not Put To Accused Under S.313 CrPC' : Supreme Court Overturns Conviction In NDPS Act Case After 22 Years

Live Law  

The Supreme Court recently overturned the conviction of an appellant in a case related to contraband possession due to procedural irregularities. The court held that the failure to put material circumstances while examining the appellant under Section 313 of the Code of Criminal Procedure was a serious and material illegality. According to us, it is a serious and material illegality …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 5 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 8 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 9 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court
1 year, 11 months ago

Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court

Live Law  

The Supreme Court has recently set aside the judgment of the Allahabad High Court which upheld the conviction of a person under Prevention of Corruption Act, on the ground that High Court shall not decide an appeal without calling for the records of the case from the Trial Court. The High Court noted that the record revealed that “the entire …

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

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
2 years ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court
2 years ago

Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court

Live Law  

Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment today.In this case, the complainant filed eight complaints against the accused under Section 138 of the Negotiable Instruments Act. Where …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month 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 …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
2 years, 2 months ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
2 years, 3 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 5 months ago

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

Live Law  

The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case. "The provisions of Section 173 CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, …

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 5 months ago

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX State of U.P. 2022 LiveLaw 454 Orders/Judgments of the Week Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case Case title - State of U.P. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC Case title - Gaya Prasad Yadav v. State Of U.P.Thru.Prin.Secy.Home …

Acquittal Finding Can't Be Converted Into One Of Conviction In Exercise Of HC's Revisional Jurisdiction: Allahabad High Court
2 years, 6 months ago

Acquittal Finding Can't Be Converted Into One Of Conviction In Exercise Of HC's Revisional Jurisdiction: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a finding of acquittal recorded by the subordinate court cannot be converted into conviction by High Court in the exercise of revisional jurisdiction under section 401 CrPC. The bench of Justice Saurabh Lavania further stressed that a revisional court has no jurisdiction to set aside the findings of facts recorded by the Magistrate …

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
2 years, 7 months ago

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court

Live Law  

The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if …

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court
2 years, 8 months ago

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court

Live Law  

The Supreme Court observed that before a Trial Court proceeds to frame the charge against the accused, the Public Prosecutor owes a duty to give a fair idea to the Court as regards the case of the prosecution.Section 226 CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel, the bench …

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order
2 years, 8 months ago

[42 Yr Old Murder Case] "Guilt Not Proved Beyond Reasonable Doubt": Allahabad High Court Upholds Acquittal Order

Live Law  

Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case.The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment. Holding that …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 8 months ago

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

Live Law  

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 11 months ago

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
3 years, 1 month ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains
3 years, 2 months ago

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains

Live Law  

In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. In a judgment delivered last week, the Supreme Court summarized …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 8 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage
4 years ago

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

Live Law  

The Supreme Court held that the prosecution by the investigating agency for offence punishable under Section 193 IPC committed during the stage of investigation will not be barred under Section 195 CrPC if the investigating agency has lodged complaint or registered the case prior to commencement of proceedings and production of. The Supreme Court held that the prosecution by the …

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge
5 years, 1 month ago

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge

Live Law  

Through a significant ruling, the Delhi High Court has clarified that there is a difference between "addition" of charge and "alteration" of charge under Section 216 of CrPC. The order passed by Justice Manoj Kumar Ohri states that when the High Court had, in a criminal revision petition, directed the trial court to add the charge under Section 304B of …

Section 362 CrPC Does Not Bar Inherent Power Of High Court To Recall An Order: SC [Read Judgment]
5 years, 3 months ago

Section 362 CrPC Does Not Bar Inherent Power Of High Court To Recall An Order: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court has inherent power under Section 482 of the Code of Criminal Procedure to recall an order and the provisions of Section 362 Cr.P.C. In this case, the High Court held that conviction of the accused for an offence punishable under Section 498­A of the Indian Penal Code shall not affect his …

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]
5 years, 5 months ago

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]

Live Law  

The Supreme Court recently set aside a judgment of Delhi High Court which disposed of a criminal appeal without the record of the trial court before it.The bench comprising Justice NV Ramana, Justice Sanjiv Khanna and Justice Krishna Murari was considering an appeal against a Delhi High Court order which upheld the conviction and sentence imposed on a man under …

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]
5 years, 6 months ago

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]

Live Law  

Recalling an order passed in a criminal case, the Allahabad High Court observed that bar contained in section 362 of the Criminal Procedure Code applies for review, and not recall. Section 362 CrPC provides that no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Even ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal Courts, Reiterates SC [Read Judgment]
6 years, 8 months ago

Even ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal Courts, Reiterates SC [Read Judgment]

Live Law  

‘However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C.’The Supreme Court in Mohammed Zakir vs. Shabana has observed that a Criminal Court including High Court cannot recall an earlier order invoking Section 362 of the Code of Criminal Procedure, on the ground that it. ‘However …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]
7 years, 10 months ago

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]

Live Law  

The Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, on Thursday, in a case under the NDPS Act, restored the acquittal by the Additional Sessions Judge, Ludhiana of an accused, which was reversed by the Punjab and Haryana High Court.The High Court, on an appeal by the State, convicted and sentenced the appellant before the Supreme Court, to …

Trial Court Can Re-call It’s Judgment Vitiated By Fraud: Allahabad HC [Read Judgment]
8 years ago

Trial Court Can Re-call It’s Judgment Vitiated By Fraud: Allahabad HC [Read Judgment]

Live Law  

The high court upheld a trial court move ordering retrialThe Allahabad High Court has held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.Justice Anil Kumar Srivastava made this observation while disposing …

Retrial Can Be Ordered Only In Exceptional Cases: SC [Read Judgment]
8 years, 2 months ago

Retrial Can Be Ordered Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court on Tuesday ruled that an order for retrial may be passed only in exceptional cases, where the appellate court is satisfied that an omission or irregularity has occasioned in failure of justice.A two-judge bench comprising Justice Dipak Misra and Justice R. Banumathi was considering an appeal filed by accused persons against a Patna High Court judgment ordering …

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