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 in a proceeding of this. 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. Petitioner argued that in a criminal trial, the prosecution ought to produce all the documents which they rely upon under section 173 CrPC and copies of those documents are required to be supplied under section 207 CrPC and further that under section 220 CrPC, the prosecutor must open his case by describing the charge and the evidence that the prosecution proposes to prove. Counsel for Petitioner: Advocates V John Sebastian Ralph, Vishnu Chandran, Ralph Reti John, Appu Babu, Shifna Muhammed Shukkur, Giridhar Krishna Kumar, Vishnumaya MB, Geethu TA and Apoorva Ramkumar Counsel for Respondent: Advocate TR Renjith, Public Prosecutor Case Citation: 2024 LiveLaw 220 Case Title: Shyju v. State of Kerala Case Number: Crl MC No.

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History of this topic

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court
1 week, 1 day ago

S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court

Live Law  

The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever. When the materials at the time of consideration for framing the charge are of such a nature …

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court
2 weeks ago

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

Live Law  

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act were made out. The Court said that if the CBI finds that offences under PC Act is not revealed, it shall submit a final report revealing the non …

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
2 weeks, 4 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

'Final Report-I' Confidential Document Of CBI But Can Be Produced Before Court At Cognizance Stage In Exceptional Circumstances: Delhi HC
3 weeks, 4 days ago

'Final Report-I' Confidential Document Of CBI But Can Be Produced Before Court At Cognizance Stage In Exceptional Circumstances: Delhi HC

Live Law  

The Delhi High Court has ruled that production of Central Bureau of Investigation's final report for the perusal of the special court cannot be denied at the stage of cognizance, if exceptional circumstances are made out.Justice Anoop Kumar Mendiratta referred to the provisions in Chapter 18 of the CBI Crime Manual which provides that on completion of investigation, every IO …

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC
1 month ago

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC

Live Law  

While upholding the Trial Court's order allowing the prosecution to introduce an additional document, the Delhi High Court has observed that the introduction of the document, which was already a part of the record in an incomplete form and did not introduce any new facts or allegations, did not amount to placing 'fresh evidence'. The Trial Court allowed CBI's application, …

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 …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 1 week 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 …

Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court
2 months, 1 week ago

Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court

Live Law  

The Kerala High Court held that a Court while considering a discharge plea cannot consider any documents beyond the prosecution record. Justice A. Badharudeen thus refused to accept the argument of the petitioner that the trial court did not consider one of the documents produced by him which is not part of the prosecution records while considering the discharge plea. …

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 2 weeks ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Assault on police driver: Kerala HC tells magistrate court to give copy of statement to former DGP’s daughter
2 months, 2 weeks ago

Assault on police driver: Kerala HC tells magistrate court to give copy of statement to former DGP’s daughter

The Hindu  

The Kerala High Court on Tuesday directed the Judicial First Class Magistrate Court, Thiruvananthapuram, to provide Snigdha Kumar, daughter of former DGP Sudesh Kumar, with a copy of her statement that was recorded under Section 164 of the Cr.PC with regard to her complaint against a police driver. The direction follows Ms. Snigdha’s petition, in which she sought a directive …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants
2 months, 3 weeks ago

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants

Live Law  

The Kerala High Court on Tuesday stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission which is stated to have said that the name and password of several PSC applicants were available on the dark …

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
3 months, 3 weeks ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
3 months, 3 weeks ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
4 months, 3 weeks ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

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

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months 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 bench comprising Justices Vikram Nath and Prasanna B. Varale said that after the prosecution's documents were admitted under Section 294 Cr.P.C. by the defence …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
7 months, 1 week 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 …

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report
9 months, 2 weeks ago

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

Live Law  

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with witnesses statements and documents, hereinafter. This direction shall be complied strictly hereinafter.” The Court stated …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
10 months ago

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

Live Law  

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. The Court held thus: “Where applications under Section 156 of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. 3) Prior to the filing of a petition under …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 2 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court
1 year, 1 month ago

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court

Live Law  

The Kerala High Court stated that the Deputy Superintendent of Police of the Crime Branch heading a special investigating team that was specifically entrusted with the investigation of a crime is competent to file the final report under Section 173 CrPC. The issue before the Court was whether the head of a Special Investigation Team, constituted to investigate a crime, …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 1 month ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]

Live Law  

Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from the Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. This aspect of the matter was considered by the Constitution Bench of the Supreme Court in State of Uttar Pradesh v. Deoman Upadhyaya - AIR 1960 SC 1125 …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]
1 year, 2 months ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]

Live Law  

There is absolutely nothing in Section 27 to indicate that the person who discovers the incriminating fact should be the identical person who received the information. ); Paras 28 to 30 of State of Rajasthan v. Teja Ram and Others - AIR 1999 SC 1776 – K. T. Thomas – J – Held that recovery of axe pursuant to statement …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
1 year, 2 months ago

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Live Law  

In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”. The court examined Section 273 which states that, “Except …

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872
1 year, 2 months ago

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

Live Law  

Absconding Effects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. 2023 LiveLaw 814 Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 4 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court
1 year, 6 months ago

Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court

Live Law  

The Kerala High Court recently held that a document which was to be compulsorily registered under Section 17 and 49 of the Registration Act, if unregistered, then it cannot be admitted in evidence. The Court considered mainly two issues, firstly, if an unregistered document which was required to be registered under the Registration Act, if remained unregistered, could be admissible …

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 …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 6 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 …

S.451 CrPC | Seized Property Ought Not To Remain In Police/ Court Custody For Longer Than Absolutely Necessary: Kerala High Court
1 year, 6 months ago

S.451 CrPC | Seized Property Ought Not To Remain In Police/ Court Custody For Longer Than Absolutely Necessary: Kerala High Court

Live Law  

The Kerala High Court on Friday analysed the scope of Section 451 CrPC which empowers the criminal courts to make orders for interim custody of seized property produced before it during trial and inquiry of an offence.The Single Judge Bench of Justice Raja Vijayaraghavan V. was of the considered view that when a property is so produced before the criminal …

Can Documents Relied On By Prosecution Be Supplied To Accused In Digital Format? Supreme Court To Examine Whether Hard Copy Is Mandatory
1 year, 8 months ago

Can Documents Relied On By Prosecution Be Supplied To Accused In Digital Format? Supreme Court To Examine Whether Hard Copy Is Mandatory

Live Law  

The Supreme Court will examine whether supplying of hard copies of the documents relied on by the Prosecution, is mandatory, or can it be supplied in digital format?This issue was raised in a special leave petition filed by Central Bureau of Investigation against the Judgment of Madhya Pradesh High Court that had upheld the direction issued by the Special Judge …

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, …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 11 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 11 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

[S.457 CrPC] Seized Articles Not Produced Before Court Can Be Released Even When Investigation Is Pending: Gauhati High Court
2 years ago

[S.457 CrPC] Seized Articles Not Produced Before Court Can Be Released Even When Investigation Is Pending: Gauhati High Court

Live Law  

The Gauhati High Court recently held that the criminal court has the jurisdiction under Section 457 CrPC to give custody seized articles at the stage of investigation, when those seized property are not produced before the Court. However, under Section 457 Cr.P.C., the Criminal Court has the jurisdiction to give custody of seized property/articles at the stage of investigation, when …

Additional Document Can Be Produced After Prosecution Evidence Is Complete If It Is Vital And Omission Was Bonafide Mistake: Kerala High Court
2 years, 1 month ago

Additional Document Can Be Produced After Prosecution Evidence Is Complete If It Is Vital And Omission Was Bonafide Mistake: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an additional document can be produced after prosecution evidence is complete if the omission of such document was a bonafide mistake and the document is purported to be vital. A single bench of Justice Bechu Kurian Thomas was considering a challenge to an order of the Additional Sessions Court that permitted the …

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
2 years, 1 month ago

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC

Live Law  

The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156 CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust …

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 …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

Courts Should Make Careful Study To Ascertain Similarities When Comparing Disputed Handwritings, Signatures With Admitted Documents: Kerala HC
2 years, 1 month ago

Courts Should Make Careful Study To Ascertain Similarities When Comparing Disputed Handwritings, Signatures With Admitted Documents: Kerala HC

Live Law  

The Kerala High Court in a significant judgment held that where the Court is constrained to undertake the responsibility of comparing the disputed writing or signature with the admitted handwriting or signature, it shall make a careful study, of the same with the assistance of counsel, to ascertain the similarities and dissimilarities, and not merely a casual or routine glance. …

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case
2 years, 2 months ago

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case

Live Law  

The Kerala High Court recently observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 CrPC to quash a criminal proceeding. A finding on the veracity of a material relied on …

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers
2 years, 3 months ago

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers

Live Law  

Recently, the Allahabad Hih Court has explained as to when the written statements of the witnesses could be considered to be statements duly recorded under Section 161 of CrPC.The bench of Justice Saurabh Shyam Shamshery observed that if the written statement has been submitted by the witness himself to the Investigating Officer and the IO assures. Recently, the Allahabad Hih …

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case
2 years, 3 months ago

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

Live Law  

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.Justice P.V. The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 3 months ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 6 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

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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