Category: Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 311 – Summoning of witness – Closure of prosecution evidence – Order passed merely on ground that public prosecutor has not prayed for adjournment or for examination of other witnesses – No notice issued to Police Station Officer-in-charge – Order cannot be said to be proper – Witnesses can be summoned under Section 311 in spite of said order.

  AIR 2002 SC 270 : (2002) CriLJ 568 : (2002) 1 Crimes 197 : (2001) 10 JT 111 : (2001) 8 SCALE 320 : (2002) 1 SCC 655 :…

There are no cogent materials upon which the subjective satisfaction of the detaining Authority that the detenu was likely to be released on bail was arrived at; and there was a delay of 6 days in forwarding representation to the Central government – All the procedural requirements of Article 22 are mandatory in character and even if one of the procedural requirements is not complied with, the order of detention would be rendered illegal

  (2010) 10 JT 456(1) : (2010) 10 SCALE 248 : (2010) 9 SCC 618 : (2010) 10 UJ 5119 SUPREME COURT OF INDIA SMT. PEBAM NINGOL MIKOI DEVI —…