Any Order passed by the Magistrate or the Judge during pendency of the Calendar Case and that deserves no appeal or revision is called Interlocutory Order. For an example, any Order passed by the Court over rejecting a Petition under Section 317 of Cr.P.C. or 256 Cr.P.C. has no place for revision or appeal for […]
Any Petition filed during pendency of the Calendar Case and is disposed of by the Magistrate or Judge citing reasons for its dismissal or allowed is called Order. Whereas, the Judgment is the final outcome of the Calendar Case. Wherein, the Court explains the reasons for its conviction or acquittal of the Accused or explains[…..]
No. Neither the Police represented by the State nor the Defacto Complainant withdraw the Case once instituted in the Court after filing of Chargesheet and the Calendar Case was numbered. Only exceptions are those offences categorized under Section 320 Cr.P.C.
No. The law does not allow or made any provision for the Complainant be dispensed with from personal appearance in the Court during Trial or till disposal of his Case.
Yes. The Accused can file a Petition under Section 205 of Cr.P.C. citing reasons for his inability to attend the proceedings of the Court. He might also pray that his Counsel be allowed to proceed with his case in his absence and in the result any adverse judgment is pronounced he would oblige the same.[…..]
Section 320 of Cr.P.C. directly deals with it. It has identified certain offences for compromise with the permission of the Court provided the victim has expressed to compromise.
There is no provision in the Code of Criminal Procedure, wherein, this type of situation is directly answered. However, Section 317 [1] of Cr.P.C. categorically states that the absence of Accused on the hearing date could be condoned by the Court. Generally, Section 317 Petition is filed by the Counsels of the Accused in the[…..]
Accused is allowed to examine his own Witness with the leave of the Court under Section 154 of The Indian Evidence Act. Equally, the same Section allows the Prosecution to Cross those Witnesses lined-up by the Accused.
Yes, Accused himself is a competent Witness in his case. He can exercise such option under Section 315 of Cr.P.C.
Yes, Accused can produce his Witnesses and Documents in the Court by invoking Section 311 of Cr.P.C.