FIRST LAW

Regarding summoning in criminal matters, the Hon'ble Supreme Court in a case titled as M/s Pepsi Foods ltd & Anr. Vs. Special Judicial Magistrate & Ors., ( 1998) 5 SCC 749  it was held that Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. 

Criminal Procedure - Second FIR being in the nature of a counter-complaint was legally maintainable and could be entertained for being tried on its merits.

Criminal Procedure Code, 1973 – S. 437 (6) - When bail may be taken in case of nonbailable offence - Provision envisaged in sub-section (6) of Section 437 of the Code is mandatory in the sense that the Magistrate is required to exercise his power of granting bail after the statutory period, if the trial is not concluded within that, however, passing of an order under Section 437(6) of the Code appears to be mandatory, but not grant of bail. [Para 21]

Criminal Procedure Code, 1972 - Ss. 205 & 317 - Magistrate may dispense with personal attendance of accused - Provision for inquiries and trial being held in the absence of accused in certain cases - Discussed.

Code of Criminal Procedure, 1973 - Section 311 -  Power to summon material witness, or examine person present -  In terms of second part of Section 311 of the Cr.P.C., the Court is competent to recall any witness or examine any witness not summoned, if the Court finds that his evidence appears to be essential to the just decision of the case. [Para 9 - 23]

Code of Criminal Procedure, 1973 - Section 195 (1)(b)(ii) - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

Criminal Procedure Code, 1973 - Ss. 397 & 398 - Calling for records to exercise powers of revision -  Power to order inquiry -  Scope of Criminal Revision under Section 397 read with Section 398 of Cr.P.C. Held:- The revisionary power is exercised either by the Sessions Court or by the High Court and a dismissal of the complaint by the Magistrate under Section 203 of Cr.P.C may be assailed in a criminal revision under Section 397 of Cr.P.C. The ambit of revisional jurisdiction is well settled. Section 397 of Cr.P.C empowers the Sessions Judge to call for and examine the record of any proceeding before any subordinate criminal court situate within its jurisdiction for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such subordinate Court. The extent of the revisionary powers inter alia, is provided under Section 399 read with Se...

Code of Criminal Procedure, 1973 - Section 88 - Power to take bond for appearance - W hat was the import of the words ‘may’ used in Section 88.

Criminal Procedure Code, 1973 - S. 154 - First Information Report (FIR) -  The value to be attached to the FIR depends upon facts and circumstances of each case. When a person gives a statement to the police officer, basing on which the FIR is registered. The capacity of reproducing the things differs from person to person. Some people may have the ability to reproduce the things as it is, some may lack the ability to do so. Some times in the state of shock, they may miss the important details, because people tend to react differently when they come across a violent act. Merely because the names of the accused are not stated and their names are not specified in the FIR that may not be a ground to doubt the contents of the FIR and the case of the prosecution cannot be thrown out on this count.

Criminal Procedure Code, 1973 - S. 386 - Powers of Appellate Court in dealing with Appeals to direct retrial -  Principles.

Indian Penal Code, 1860 - Ss. 120-B, 409, 420, 465 & 471 - Prevention of Corruption Act, 1988 -  Ss. 13 (1)(d)(i) & 13(1)(d)(ii) - Framing of Charge. 

Code of Criminal Procedure, 1973 - Section 254(2) - Right of the prosecution or the accused to apply to the court for issuing summons to any witness in a summons trial - Discussed.

Criminal Procedure Code, 1973 - Ss. 482, 157 & 154 - Inherent powers of High Court - O nce the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code.

Criminal Procedure Code, 1973 - Section 102 - Power of police officer to seize certain property -  “Any property” includes any bank account creating suspicion about commission of an offence.