Cr P C Mohd. Mukhtar Ansari case – It is a well settled principle of law that the Statute must be interpreted to advance the cause of the Statute and not to defeat the same – State Government being a prosecuting agency in the Criminal Administration, is vitally interested in such administration – Petition under section 406 of the Code of Criminal Procedure is maintainable. March 29, 2021 sclaw
Cr P C If on the basis of the examination-in-chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 CrPC array such a person as accused and summon him to face the trial. March 21, 2021 sclaw
Cr P C (CrPC) – Section 117 – Putting person in fear of accusation of offence, in order to commit extortion – Transfer Petition – Place of inquiry and trial has to be by the Court within whose local jurisdiction – Cause of action as per the averments in the FIR are alleged to have arisen March 14, 2021 sclaw
Cr P C Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, March 8, 2021 sclaw
Cr P C (CrPC) – Section 311 – The significant expression that occurs is “at any stage of any inquiry or trial or other proceeding under this Code”. It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said “wider the power, greater is the necessity of caution while exercise of judicious discretion.” March 7, 2021 sclaw
Cr P C (CrPC) – Ss 320, 320(2) &320(5) – (IPC) – S 324 – Custodial Death – A case where the accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night – Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5). February 21, 2021 sclaw
Cr P C PMLA – Search and seizure – If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner – Authorised Officer is vested with sufficient power; such power is circumscribed by a procedure laid down under the statute – As such the power is to be exercised in that manner alone, February 14, 2021 sclaw
Cr P C (CrPC) – Section 482 – Main allegation was against accused but the prosecutrix married him and had given birth to two children out of that wedlock – In the absence of any allegation against accused – Continuation of proceedings against him is nothing but an abuse of process of law. February 14, 2021 sclaw
Cr P C (CrPC) – Section 482 – Complainant does not even remember the place or the address – Complainant refused to undergo a medical examination – quashing petition expeditiously February 13, 2021 sclaw
Cr P C (CrPC) – S 319 – Summoning order – Power under Section 319 CrPC is a discretionary and an extraordinary power – It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant – It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence February 7, 2021February 7, 2021 sclaw
