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Judgement |
| CODE OF CRIMINAL PROCEDURE, 1973 |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 100 & 165 — Non compliance of — by a police officer, even if he happens to be an "empowered" officer — while effecting an arrest or search during normal investigation — into offences purely under the provisions of CrPC — such failure would only amount to an irregularity— NDPS Act — S 41(2) — State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 154 — FIR — not disclosing the name of an accused in — Identification— first time in court — General rule — should not be relied upon — But there may be exceptions to this general rule— Evidence Act — S 9 — Dana Yadav @ Dahu and ors V/S State of Bihar — referred. (Para 30) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC —S 169—Release of accused when evidence deficient — Person named in F.I.R. as an accused or as suspect — Dropping by IO — Duty of Investigating officer —the IO owes a duty to file an appropriate report before the learned Magistrate u/s 169. (Para 3) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC —S 178(8) — Further investigation — Stage of — request for further investigation can be made even pending the trial, if ultimately the trial Court finds that the investigation was perfunctory. (Para 5) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC —S 178(8) — Further investigation — it is open to the police to conduct proper investigation, even after the Court took cognizance of any offence on the strength of a police report earlier submitted— Hasanbhai Valibhai Qureshi v. State of Gujarat—Relied. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC —S 178(8) — Further investigation — Defective investigation — Curing of —When defective investigation comes to light during course of trial — it may be cured by further investigation if circumstances so permitted — Hasanbhai Valibhai Qureshi v. State of Gujarat—Relied. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Trial — Criminal Jurisprudence — CrPC —S 178(8) — Further investigation — Further delay in concluding the trial — should not stand on the way of further investigation if that would help the Court in arriving at the truth —& do real and substantial as well as effective justice— Hasanbhai Valibhai Qureshi v. State of Gujarat—Relied. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 188 — Offence committed outside India — Previous sanction of the Central Government under — Requirement of —Held, arises only at the stage of taking cognizance of the offence by the concerned Court— The sanction is not required for registration of an offence committed by a citizen of India outside India. (Para 11) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 200 — Requirement under — the complainant is bound to make statements on oath — as to how the offence has been committed — & how the accused persons are responsible therefor — Sabitha Ramamurthy and Anr. Vs. R.B.S. Channabasavaradhya—relied upon. (Para 11) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 200 — Ambit & Scope of — frivolous or otherwise mala fide prosecution — The accused would be entitled to file a suit for damages— Sabitha Ramamurthy and Anr. Vs. R.B.S. Channabasavaradhya—relied upon. (Para 11) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal trial — Criminal Jurisprudence — CrPC — S 200 — Duty of Judicial Magistrate — The provision enjoins a judicial duty to be performed by the Judicial magistrate — which requires an application of judicial mind — The said work of recording the statement cannot be done mechanically — Amarnath Baijnath Gupta & Anr. Vs. M/s. Mohini Organics Pvt. Ltd. & Anr — relied upon. (Para 12) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence— CrPC — S 200 —Examination of the complainant under — Issuance of process —the subjective satisfaction of the Magistrate — on the basis of examination on oath must be reflected in the order of issuance of process. (Para 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 200, 201, 202, 319 & 398— Inquiries for evidence — Inquiries under Sections 200, 201, 202, & 398 CrPC are species of the inquiry contemplated by Section 319 CrPC— Materials coming before the court in course of such inquires can be used for corroboration of evidence recorded in the court after the trial commences, for the exercise of power under Section 319 CrPC — and also to add an accused whose name has been shown in Cromn 2 of the charge-sheet. (Para 20) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute —CrPC — S 319—Power to proceed against other persons appearing to be guilty of offence — Construction of term — "the court may proceed against such person" — held, the power is discretionary and should be exercised only to achieve the criminal justice— & the court should not turn against another person whenever it comes across evidence connecting that other person also with the offence. (Para 8) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence — Exercising of — Duty of the Court — all relevant factors have to be kept in view — an order is not required to be made mechanically merely on the ground that some evidence had come on record implicating the person sought to be added as an accused. (Para 8) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319— phrase 'any person not being the accused' — Interpretation of —held, expression clearly covers any person who is not being tried already by the Court. (Para 10) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319— Other accused or against whom proceedings have been quashed — Cognizance against — Held, if the prosecution at any stage produces evidence to the satisfaction of the Court — the Court can take cognizance against them and try them along with the other accused— Municipal Corporation of Delhi vs. Ram Kishan Rohtagi and others relied. (Para 12). |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319— Order under — passing of — Duty of the Court — An order should not be passed only because the first informant or one of the witnesses seeks to implicate other person(s) — Sufficient and cogent reasons are required to be assigned by the court so as to satisfy the ingredients of the provisions — Mere ipse dixit would not serve the purpose — Such an evidence must be convincing one — at least for the purpose of exercise of the extraordinary jurisdiction— Sarabjeet Singh v. State of Punjab relied. (Para 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319— Summoning a person as additional accused — Standard of proof — Higher standard is to be set up for the purpose of invoking the jurisdiction u/s 319 — to satisfy the ingredients, viz., — (i) an extraordinary case &— (ii) a case for sparingly exercise of jurisdiction— Sarabjeet Singh v. State of Punjab relied. (Para 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence —a person initially been not named in the FIR — or named in the FIR as an accused, but not charge-sheeted — Proceeding against —Power of the trial Court — The Trial Court can proceed against such person as accused — only on the basis of the evidence adduced before it — and not on the basis of the materials available in the charge-sheet or the case diary — because such materials contained in the charge-sheet or the case diary do not constitute evidence. (Para 14) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 319— Power under — Exercising of — The power is discretionary — and such discretion must be exercised judicially — having regard to the facts and circumstances of the case. (Para 15) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 319— word 'evidence' in Section 319 — Interpretation of — contemplates that evidence of the witnesses given in the Court. (Para 15) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 319 (4)(1)(b) — Legal fiction — under — that cognizance would be presumed to have been taken so far as the newly added accused is concerned. (Para 15) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 319 — word 'evidence' used in — interpretation of — has to be broadly understood and not literally — i.e. as evidence brought during a trial. (Para 20) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 — Summoning an additional accused — degree of satisfaction —would be the same as for framing a charge. (Para 20) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Exersing of — against a discharged accused — Held, the requirement of Sections 300 & 398 has to be complied with — before he can be summoned afresh — CrPC — Ss 300 & 398. (Para 20) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence —Invoking of — degree of satisfaction — condition ‘Appear’ — fulfillment of— Held, the court must satisfy itself about the existence of an exceptional circumstance enabling it to exercise an extraordinary jurisdiction. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence —Invoking of — degree of satisfaction — Court need not be satisfied that person the person has committed an offence— It need only appear to it that he has committed an offence— It need only appear to it that someone else has committed an offence. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence — Expression 'appear' — interpretation of — Duty of the Court — the expression indicates an application of mind by the court to the evidence that has come before it and then taking a decision to proceed under Section 319 of the Code or not. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence —Invoking of — degree of satisfaction — Duty of the Court — the court is required to consider whether such evidence would be sufficient to convict the person being summoned — the trial court has to exercise such discretion with great care and perspicacity. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence —Invoking of — degree of satisfaction —Duty of the Court — The court has to consider the broad probabilities of the case — the total effect of the evidence — & the documents produced — but court should not make a roving enquiry into the pros and cons of the matter and weigh evidence as if it is conducting a trial. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Power under — Exercising of — against a discharged person —there must exist compelling circumstances to exercise such power — Duty of the Court — The Court should keep in mind that the witness when giving evidence against the person so discharged — is not doing so merely to seek revenge or is naming him at the behest of someone — or for such other extraneous considerations — after such careful examination the court finds that there does exist evidence to proceed against the person so discharged, it may take steps but only in accordance with Sec 398 — without resorting to the provision of Sec. 319 directly — CrPC — S 398. (Para 23) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Power under — Exercising of — against a discharged person — no proceedings can be commenced against him directly under Section 319 Cr.P.C. without taking recourse to provisions of Ss 300(5) r/w 398— CrPC — Ss 300(5) & 398. (Para 23) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — Intention of legislature — CrPC — S 319 — Power under —Exercising of — it must appear to the Court from the evidence that someone not arrayed as an accused, appears to have committed an offence — The Court need not be satisfied that he has committed an offence — It need only appear to it that he has committed an offence. (Para 25) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute —CrPC — S 319 — Expression 'appears' — interpretation of — indicates an application of mind by the Court to the evidence that has come before it and then taking a decision to proceed u/s 319 or not. (Para 25) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 — discretionary jurisdiction under — exercising of — Duty of the Court — Held, the Court must arrive at a satisfaction that there exists a possibility that the accused so summoned in all likelihood would be convicted— Mohd. Shafi v. Mohd. Rafiq— Relied. (Para 29) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 — Power under — Exercise of — Person who is sought to be arrayed as an accused — Right of — has no right to be heard as he could not be said to be an accused at that stage. (Para 33) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 — Power under — Exercise of — Accused already before the court — Right of — has also no say in exercising of jurisdiction of the Court u/s 319 — The accused already facing the trial has also no right to oppose such application filed either by the State — or by the first informant — or by any witness. (Para 33) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 319 —Power to proceed against other persons appearing to be guilty of offence —Safeguard to such person — There has to be a de novo trial against him— The provision of de novo trial is mandatory— It vitally affects the rights of a person so brought before the court— It would not be sufficient to only tender the witnesses for the cross-examination of such a person— They have to be examined afresh— Fresh examination-in-chief and not only their presentation for the purpose of the cross-examination of the newly added accused is the mandate of Section 319(4) — Shashikant Singh v. Tarkeshwar Singh and Anr. —relied. (Para 52) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 377 — Appeal against the sentence on the ground of its inadequacy — Protection of Children from Sexual Offences Act, 2012 (POCSO) — Offence under — Probation of Offenders Act — Section 4 — Held, no sentence has been awarded — no question of 'inadequacy of sentence'— no question of seeking 'enhancement' of a nonexisting sentence— Appeal dismissed. (Para 2) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 398 — Power under — Nature & Scope of — revisional in nature — which can be exercised only by the High Court or the Sessions Judge. (Para 23) |
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