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Criminal Justice Machinery Being Misused By Certain Persons For Vested Interests; Courts Have To Be Vigilant : Supreme Court

Expressing concerns about the misuse of the criminal justice machinery by certain persons to achieve their oblique motives, the Supreme Court recently urged that the Courts have to be vigilant against.

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Abhishek Banerjee vs The Directorate Of Enforcement on 22 September, 2023

Abhishek Banerjee vs The Directorate Of Enforcement on 22 September, 2023
indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.

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Rajesh vs The State Of Madhya Pradesh on 21 September, 2023

Rajesh vs The State Of Madhya Pradesh on 21 September, 2023
indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.

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Trial Courts Not Mute Spectators, Judicial Restraint Doesn t Disentitle Them From Taking Exception To Advocate s Extreme Conduct: Calcutta High Court

The Calcutta High Court has observed that "judicial restraint and discipline" does not mean that even in extreme cases a Judicial Officer is not entitled to take exception against non-conforming acts.

Justice chaudhuriJustice bibek chaudhuriAtindra nath mondalJustice hidayatullahAbdul wahidHigh courtSupreme courtCr pc this courtJustice bibek

Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly, Reiterates Supreme Court

The Supreme Court reiterated that the power of a Trial Court under Section 319 of the Criminal Procedure Code to proceed against other persons appearing to be guilty of offence is a discretionary and extra-ordinary power which has to be exercised sparingly. In this case, the Trial Court, allowed one such application filed by the de-facto complainant and summoned a person. As he did not appear, the court issued Non-Bailable warrant and a Notice under Section 446 Cr.P.C. requiring them to explain why the amount of sureties should not be realised from two sureties. Challenging the summoning order, these persons approached the High Court. The High Court noticing a subsequent order by which notice has been issued under Section 446 Cr.P.C, dismissed the revision petition observing that there is concealment of not placing the order on record.

R subhash reddyHardeep singhAshok bhushanSupreme courtCr pc this courtTrial court under sectionHigh courtTrial courtCriminal procedure codeJustices ashok bhushanCriminal revisionCriminal courtConstitution benchSessions judgeர் சுபாஷ் சிவப்புஹர்தீப் சிங்