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Reading Material on Criminal Trial For Private Circulation only Judicial Academy Jharkhand READING MATERIAL ON CRIMINAL TRIAL Remedy �n cases of absconding of accused F�aming of charge Sentencing V�ctim Compensation P�obation of O�fenders Act Prepared by:- Judicial Academy Jharkhand FOR PRIVATE CIRCULATION ONLY READING MATERIAL ON CRIMINAL TRIAL Prepared by : Judicial Academy Jharkhand Reading Material on Criminal Trial INDEX 1. INTRODUCTION ..........................................................................................1 2. WARRANT ......................................................................................................2 i. Types of Warrant ......................................................................................... 2 ii. Issuance of Warrants .................................................................................. 3 iii. Points to remember while passing an order for the issuance of a non-bailable warrant of arrest ....................................... 7 3. PROCLAMATION UNDER SECTION 82 ..................................................11 i. Section 82 ................................................................................................... 11 ii. “The Court has Reason To Believe” -Meaning ......................................... 14 iii. Points to remember before passing an order under Section 82, Cr.P.C. ........................................................... 15 4. ATTACHMENT UNDER SECTION 83 .......................................................23 i. Section 83-Attachment of property of person Absconding ..................... 23 ii. Points to remember while passing an order for attachment under section 83 ............................................................... 28 5. PRACTICAL PROBLEMS OF THE TRIAL COURT .................................28 i. Non-receipt of service report, execution reports of warrants and process under section 82 issued against accused .............. 28 ii. Procedural requirements to draw a proceeding under section 299 Cr.P.C. ....................................................... 30 iii. Steps to be taken on arrest / appearance of absconding accused ............................................................................... 31 iv. Judgment in Absence of the Accused ......................................................... 34 v. Steps against Bailors to secure appearance of the Accused ..................... 35 6. CHARGE : CHAPTER XVII, SECTIONS 211-224 .....................................36 i. Section 211 – Content of Charge .............................................................. 36 iii Judicial Academy Jharkhand ii. Section 212 - Particulars as to Time Place and Person .......................... 37 iii. Section 213 – When the Manner of Committing Offence must be stated ............................................................................................ 37 iv. Section 215 – Effect of Errors ................................................................... 38 v. Section 464 - Effect of Omission to Frame, or Absence of, or Error in, Charge ............................................................ 38 vi. Charge with Substantive Offence and Conviction for Constructive Offenceand Vice-Versa ........................................................ 38 a. B.N.Srikanthia v. State of Mysore, AIR 1958 SC 672 ........................................39 b. Willie (William) Slaney v. The State of Madhya Pradesh, AIR 1956 SC 116 ...............................................40 c. Prasana Kumar v. Ananda Chandra, AIR 1970 Ori 10 ......................................40 d. N.C. Shah v. State of Gujarat, 1972 CriLJ 200 (Guj) .........................................40 e. Nanak Chand v. St of Punjab, AIR 1945 SC 274 ................................................40 f. State of Bihar v. Biswanath Rai, 1997 CrLJ 4426 SC .........................................41 vii. Joinder of Charges ..................................................................................... 47 viii. Section 218 – Separate Charge for every Distinct Offence ..................... 47 a. Distinct Offence ........................................................................................................47 b. Vinubhai Ranchhodbhai Patel v. Rajivbhai Dudabhai Patel and Others, (2018) 7 SCC743 ...............................48 c. State of Bihar v. Ramautar Singh, AIR 1956 Pat 10 ...........................................49 d. Vijendra v. State of Delhi, 1997 (6) SCC 171 .....................................................49 e. Chandrma Pd. Chamar v. State, 1951 (1) Cal 539 .............................................50 f. State of Jharkhand Through SP, CBI v. Lalu Prasad @ Lalu Prasad Yadav, 2017 (4) Supreme 321 ...............................50 ix. Section 219 – Three Offences of the same kind within a year may be charged together .................................................................... 51 a. Bipin Chandra v. Republic of India 1964 (1) Cri LJ 688 .................................51 x. Section 220 – Trial for more than one Offence ........................................ 51 a. T.B.Mukerji v. State, AIR 1954 All 501 .................................................................52 b. K.T.M.S. Mohammad v. Union of India, AIR 1992 SC 1831 ...........................52 xi. Section 221 – Where it is doubtful what Offence has been Committed ..................................................................... 52 a. Gurnaib Singh v. State of Punjab, 2013 CriLJ 3212 ...........................................52 b. Dinesh Mehta v. State, 2007 CrLJ 3834 Del .......................................................54 iv Reading Material on Criminal Trial c. Dalbir Singh v. State of UP 2004 (3) Supreme 506 ...........................................55 xii. Section 222 – When offence proved included in Offence Charged .................................................................................... 56 a. Pal Singh v. State of Punjab, 2014 CriLJ 2573 (SC) ..........................................56 xiii. Section 223 – What persons may be tried jointly .................................... 56 xiv. Section 216 – Court may alter charge ...................................................... 57 a. Ranbir Yadav v. State of Bihar, AIR 1995 SC 1219 ............................................57 b. R.Rachaiah v. Home Secretary, Bangalore, AIR 2016 SC 2447 ......................58 c. Govindammal v. M.Thilakavathy, 2000 CriLJ 1073 ...........................................58 xv. Section 217 – Recall of witnesses when charge altered ........................... 58 a. Ranvir Yadav v. State of Bihar, 1995 Cr LJ 2265 .................................................58 b. Satish Shetty v. State of Karnatka, 2016 (4) Supreme 412 ...............................59 c. Moosa Abdul Rahiman v. State of Kerala, 1982 CriLJ 2087 (Ker) ................59 7. Powers and duties OF THE court UNDER Section 311 CR.P.C. ..........................................59 i. Zahira Habibullah Sheikh (5) v. State of Gujarat, (2006) 3 SCC 374 ..................................................................................... 59 ii. Manju Devi v. State of Rajasthan, 2019 SCC OnLine SC 552 .............. 61 iii. Rajaram Prasad Yadav v. State of Bihar, (2013) 14 SCC 461 ............. 62 iv. Vijay Kumar v. State of U.P., (2011) 8 SCC 136 ................................... 65 v. U.T. of Dadra & Nagar Haveli v. Fateh Sinh Mohan Sinh Chauhan, (2006) 7 SCC 529 ............................................ 65 vi. Ratanlal v. Prahlad Jat, (2017) 9 SCC 340 ........................................... 66 vii. Mannan Shaikh v. State of West Bengal, (2014) 13 SCC 59 ................. 67 viii. Biri Bhagat v. State of Jharkhand, 2015 4 JLJR 269 ............................. 69 ix. Govind Yadav v. State of Jharkhand, 2012 3 JLJR 314 ......................... 69 x. Amit Raj Vardhan v. State of Jharkhand, 2009 3 JLJR 107 .................. 69 8. Section 313 CR.P.C., power, procedure and purpose ..........70 i. Mukesh Kumar v. State of Jharkhand, 2010 4 JLJR 321 ....................... 70 ii. Nar Singh v. State of Haryana, (2015) 1 SCC 496 ................................ 72 v Judicial Academy Jharkhand iii. Balaji Gunthu Dhule v. State of Maharashtra, (2012) 11 SCC 685................................................................................... 77 iv. Raj Kumar Singh v. State of Rajasthan, (2013) 5 SCC 722 ................. 78 v. Prahlad v. State of Rajasthan, 2018 SCC OnLine SC 2548 .................. 80 vi. Reena Hazarika v. State of Assam, 2018 SCC OnLine SC 2281 .......... 81 vii. Sajjan Sharma v. State of Bihar, (2011) 2 SCC 206 .............................. 81 viii. Krit Sao v. State of Jharkhand, 2015 2 JLJR 379 ................................... 82 ix. Udit Ram v. State Of Jharkhand, 2006 2 JLJR 133 ................................ 84 x. Deepak Tiru v. State of Jharkhand, 2009 3 JLJR 38 .............................. 84 9. Section 319 cr.P.C. - WHEN, why and how ? .................................85 i. Hardeep Singh v. State of Punjab, (2014) 3 SCC 92 ............................. 85 ii. Rajesh v. State of Haryana, 2019 SCC OnLine SC 638 ......................... 80 iii. Jogendra Yadav v. State of Bihar, (2015) 9 SCC 244 ............................. 86 iv. Brijendra Singh v. State of Rajasthan, (2017) 7 SCC 706 .................... 87 v. Sunil Kumar Gupta v. State of U.P., (2019) 4 SCC 556 ....................... 90 vi. Periyasami and Others v. S. Nallasamy (2019) 4 SCC 342 .................. 92 vii. Dhruva Prasad Ojha
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