Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 11 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

Live Law  

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had dismissed the complainant’s application under Section 391 CrPC seeking to place on record certain documents by way of additional evidence. Two years later, the complainant moved an application under Section 391 CrPC to place and prove on record certain documents by way of additional evidence which came to be dismissed by the Appellate court and was consequently being assailed before the bench under Section 482 CrPC. In order to adjudicate upon the matter Justice Dua referred to apex court judgment in Brigadier Sukhjeet Singh MVC Vs. State of Uttar Pradesh & Ors 2019 wherein SC held, "The key words in Section 391 are “if it thinks additional evidence to be necessary”.

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History of this topic

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court
1 week, 2 days ago

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure, which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial. A bench of Justice Sanjay Dhar emphasized that the trial court cannot …

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
3 weeks, 3 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
2 months ago

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn. The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate …

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months, 1 week ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

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, 2 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 …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 2 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Trial court can summon accused despite police clean chit, says Supreme Court
2 months, 3 weeks ago

Trial court can summon accused despite police clean chit, says Supreme Court

Hindustan Times  

New Delhi A clean chit or closure report filed by the police cannot circumscribe the trial court’s power to summon individuals as accused, the Supreme Court has held, reinforcing the vital role of courts in safeguarding justice by independently assessing evidence presented during criminal trials. Trial court can summon accused despite police clean chit, says Supreme Court “The trial court …

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court
2 months, 3 weeks ago

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court

Live Law  

The Supreme Court observed that the filing of a police closure report would not bar the summoning of an additional accused under Section 319 of Cr.P.C. The Court observed that if the evidence presented during the trial indicates that a person should be summoned to face trial, the trial court has the discretionary power under Section 319 of the Cr.P.C. …

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case
3 months ago

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

Live Law  

The Gujarat High Court on Monday called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings …

Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC
4 months, 1 week ago

Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC

Live Law  

Another exception is that the appellate court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the appellate court may allow such evidence or document to be produced, or witness to be examined. A bare perusal of the aforesaid provision, it is found out that …

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court
5 months, 1 week ago

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court

Live Law  

The Supreme Court has ruled that the trial court can decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness. The court observed that it is not mandatory for the trial court to decide Section 319 Cr.P.C. application after the completion of the prosecution witness's examination in chief …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
7 months, 1 week ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
7 months, 2 weeks ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court
10 months, 2 weeks ago

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court

Live Law  

The Orissa High Court has recently allowed a petition filed on behalf of nine persons, convicted and sentenced to death by trial Court for murder of three family members on the suspicion of witchcraft, for recording of additional evidence of a prosecution witness at the stage of hearing of death reference by the High Court. The Court placed reliance on …

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
10 months, 3 weeks ago

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court

Live Law  

The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed …

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
11 months, 2 weeks 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.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
11 months, 2 weeks ago

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court

Live Law  

Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
11 months, 2 weeks ago

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate

Live Law  

Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. Criminal Revision & When It Should Be Invoked Section 397 of CrPC allows the High Court and Sessions Judge to call and examine the records of criminal courts inferior to them within their territory. For instance, in a …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

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 …

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC
1 year, 1 month ago

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.For context, Section 311 of CrPC empowers Court to summon material witness, or examine person present …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
1 year, 1 month ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court
1 year, 1 month ago

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court

Live Law  

Reiterating the restricted nature of its inherent power under Section 482 of the Criminal Procedure Code for quashing criminal complaints the Jammu and Kashmir and Ladakh High Court has observed that this exceptional power cannot be used for detailed evidence evaluation or as a substitute for appeals or revisions. A bench of Justice Javed Iqbal Wani further clarified that terms …

Parties Barred From Using Court To 'Create Evidence' By Seeking Appointment Of Commissioner Under O26 R9 CPC: HP High Court
1 year, 3 months ago

Parties Barred From Using Court To 'Create Evidence' By Seeking Appointment Of Commissioner Under O26 R9 CPC: HP High Court

Live Law  

The Himachal Pradesh High Court has ruled that a party cannot use the court to "create evidence" through the appointment of a commissioner by taking recourse to Order 26 Rule 9 CPC. Dismissing a petition under Article 227 of the Constitution of India in terms of which the petitioner had contested the dismissal of his application under Order 26, Rule …

'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 …

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
1 year, 4 months ago

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court

Live Law  

The Jharkhand High Court has noted that the intention behind the exemption from personal appearance of accused, as outlined in Section 205 of the Criminal Procedure Code, is to ensure that accused individuals are not subjected to unnecessary harassment and that the complainant does not suffer any undue prejudice. Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption under Section …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 5 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court
1 year, 6 months ago

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court

Live Law  

The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173 of the Code of Criminal Procedure without obtaining formal permission from the Court. While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed, “The order taking …

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
1 year, 7 months ago

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court

Live Law  

The Kerala High Court last week held that recalling a witness under Section 311 CrPC must be done only when there is a strong and valid reason to do which should be recorded by the competent authority. A strong and valid reason should be recorded for the exercise of that power facilitating a just decision.” The Court added that the …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 7 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

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 …

Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court
1 year, 8 months ago

Section 145 NI Act Encompasses Court's Power To Summon & Re-Examine Witnesses: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that while Section 145 of the NI Act does not explicitly mention the re-examination of the complainant or other witnesses, the phrase "summon and examine any person giving evidence in affidavit" also encompasses the court's power to summon and re-examine such witnesses. The trial court dismissed the petitioner's application, stating that the …

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
1 year, 9 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

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, 11 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 …

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC
2 years ago

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court on Thursday ordered defreezing of the account of an accused observing that Section 102 CrPC empowers the Police Officer to seize certain property on existence of a condition that the said property should have been alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of commission of …

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 …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
2 years, 1 month ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

S.138 NI Act | Complainant's Consent Not Necessary For Compounding Case When He Is Duly Compensated: Himachal Pradesh High Court
2 years, 2 months ago

S.138 NI Act | Complainant's Consent Not Necessary For Compounding Case When He Is Duly Compensated: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently held that it can compound a case registered under the provisions of the Negotiable Instrument Act, even in absence of consent of the complainant, where the complainant is duly compensated. The observations came from Justice Vivek Singh Thakur while hearing a plea in terms of which the petitioner had challenged Sessions Court's order, upholding …

Provision U/S 361 CrPC Mandatory; Trial Court To Record Reasons For Not Releasing Convict On Probation: Madhya Pradesh High Court
2 years, 2 months ago

Provision U/S 361 CrPC Mandatory; Trial Court To Record Reasons For Not Releasing Convict On Probation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench has reiterated that the provision under Section 361 CrPC is mandatory and that the trial court ought to record its reasons in writing as to why it would not be advisable to grant the benefit of probation to convict who is otherwise eligible for the same. The Petitioner argued that the lower court …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 4 months ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 4 months ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

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, …

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15
2 years, 6 months ago

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, decided to commence with the hearing of the plea which raises the broad issue, whether Section 319 of the Code of Criminal Procedure, 1973 can be invoked after judgment is reserved, on 15th November, 2022. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, Senior Advocate, Mr. Paramjit Singh Patwalia representing the …

S.319 CrPC | Only Material Collected By Court During Inquiry Or Trial Can Be Used To Arraign An Additional Accused: J&K&L High Court
2 years, 6 months ago

S.319 CrPC | Only Material Collected By Court During Inquiry Or Trial Can Be Used To Arraign An Additional Accused: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court today ruled that only the material collected by the court during the course of inquiry or trial and not the material collected by the investigating agency during the investigation of the case which can be used, while arraigning an additional accused under Section 319 CrPC. Adjudicating upon the matter the bench noted …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 7 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court
2 years, 7 months ago

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. Mehta had questioned the order of Additional City Civil and Sessions Judge, Bengaluru, only partly allowing his application under Section 207 of …

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