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 been empowered. 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. The petition was filed challenging the order passed by the Additional Sessions Judge allowing an application filed under Section 311 CrPC for recalling a witness by the prosecution. The Court relying on the Apex Court decisions in Mohanlal Shamji Soni v. Union of India, Rajendra Prasad vs. Narcotic Cell and P. Chhaganlal Daga vs. M. Sanjay Shaw, observed that it is clear that the Court has been empowered to summon any person as a witness at any stage of inquiry, trial or other proceedings and all that is required is the satisfaction of the Court in relation to such evidence which appears to the Court to be essential for the just decision.

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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, 1 day 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 …

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
2 weeks, 3 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC
1 month, 1 week ago

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that non- signing of the deposition of the witnesses, by a Magistrate in a warrant case under Section 275 CrPC would be fatal to the case of the prosecution.Justice Harpreet Singh Brar said, "A bare perusal of the CrPC) provision indicates that any evidence taken by the jurisdictional Magistrate, in written. The …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 2 weeks ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

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 …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 2 weeks ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

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. …

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case
3 months, 1 week ago

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case

Live Law  

Former Chief Minister B S Yediyurappa told the Karnataka High Court on Thursday that statements of witnesses collected during investigation which forms part of the police report can be looked into by the high court to decide a plea for quashing an offence. He said that the statements recorded under Sec 161 and 164 CrPC would form part of the …

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
4 months ago

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The appellant pleaded that since both the examination in chief, as well as the …

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 …

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 …

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court
8 months, 3 weeks ago

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court

Live Law  

The Meghalaya High Court observed that the accused's application under Section 311 of the Code of Criminal Procedure, 1973 seeking to recall a witness is justified on the ground that the previous counsel did not examine the witness on necessary facts and that re-examination by the new counsel is crucial for the outcome of the trial. Justice B. Bhattacharjee was …

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 …

[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 …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
11 months, 3 weeks ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

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 …

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
1 year, 1 month ago

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench

Live Law  

The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202 of the Criminal Procedure Code before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta. “It is… the duty …

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance
1 year, 1 month ago

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court has expressed displeasure over the police failure to comply with the norms of section 41-A of CrPC. A single judge bench of T. Mallikharjuna Rao held a hearing on an anticipatory bail plea of Telugu Desam MLA Yeluri Sambasiva Rao here on Monday over a case booked against him by the Marturu police. Petitioner’s …

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 …

Section 306(4) CrPC Allows Approver's Bail Before Trial Completion on Meeting Pardon Conditions
1 year, 4 months ago

Section 306(4) CrPC Allows Approver's Bail Before Trial Completion on Meeting Pardon Conditions

Live Law  

An approver who has complied with all conditions of pardon and deposed as a witness in the prosecution's favor need not remain incarcerated till the end of the trial and would be entitled to bail, especially in case of a protracted trial, the Bombay High Court held. “In my opinion, now that the applicant has complied with the conditions and …

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court
1 year, 5 months ago

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

Live Law  

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order. In other words, the Magistrate is required to give reason for thinking that the case ought to be …

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court
1 year, 6 months ago

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court

Live Law  

The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement …

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
1 year, 6 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 …

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
1 year, 7 months ago

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

Live Law  

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 7 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
1 year, 7 months ago

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

Live Law  

The Supreme Court observed that a Magistrate CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427. The Supreme Court observed that a Magistrate CrPC) …

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 …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

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 …

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 …

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged
2 years ago

S. 311 CrPC | Orissa High Court Allows Recall Of Witness 26 Yrs After He Was Cross-Examined & Discharged

Live Law  

The Orissa High Court has recently allowed a petition filed under Section 311 of the Code of Criminal Procedure after a delay of ‘26 years’ for recalling a witness who was cross-examined and discharged in 1997. Having regard to the fundamental principles enshrined in the Constitution of India, this Court would rather lean in favour of the latter than the …

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 …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
2 years, 1 month ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

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 …

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 …

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court
2 years, 4 months ago

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday observed that the Principal Sessions Judge of a district has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in Section 409 of CrPC. Counsel appearing for the petitioner, argued that from the conduct of the case by the appellate court, …

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court
2 years, 5 months ago

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has observed that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.CThe Bench of Justice Ajay Mohan Goel opined that when in the course of the investigation, the Investigating Officer has not found anything …

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court
2 years, 5 months ago

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court

Live Law  

High Court of Madhya Pradesh's Gwalior Bench recently held that when the trial court can summon any witness pursuant to its power under Section 311 CrPC, it can also regulate the sequence in which they are to be examined. The State submitted before the Court that the Public Prosecutor in the case was interested in getting other witnesses examined first …

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
2 years, 5 months ago

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to …

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 …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 6 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 6 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court
2 years, 7 months ago

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. Disagreeing with the observations of JMFC, the sessions court set aside the order of rejection and …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 8 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

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 …

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