AI Overview...
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Witnesses Dropped by Investigating Authorities - Several cases highlight instances where witnesses or accused persons were dropped from the array of witnesses or charges during investigation or trial. For example, the investigating officer dropped petitioners from the accused list despite specific evidence against them, leading to judicial review (IND_HC_KLHC010194192015). Similarly, witnesses like Archana, the wife of the appellant, were not cited or examined, with arguments that their testimony was not material enough to incriminate the accused (00500028278, 01100061339). In departmental proceedings, charges and witnesses involved in criminal cases were also dropped due to procedural issues like lack of sanction (02200035865). Furthermore, witnesses dropped during investigation or trial, sometimes without proper justification, can impact the progression of cases (01300007776, 00600006137, 01701987141).
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Legal and Procedural Implications - The dropping of witnesses or accused persons often relates to procedural lapses, such as non-filing of witness lists, lack of sanction, or technical grounds for discontinuance. For instance, non-compliance with formalities like filing a witness list can prevent proceedings from being dropped (00600001614). Courts have emphasized that proceedings should not be prematurely terminated on technical grounds unless proper legal procedures, including recording of evidence or proper service, are followed (00600006137). Additionally, in some cases, charges are reduced or dropped after investigation, reflecting the importance of procedural correctness and sufficiency of evidence (IND_HC_KAHC010600642023).
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Judicial Review and Court Intervention - Courts have intervened when witnesses or accused persons were dropped unjustifiably, especially when specific evidence was available against them. Judicial review was sought when witnesses were dropped despite their materiality, and courts have scrutinized the reasons for such actions, emphasizing that witnesses should not be dropped arbitrarily (IND_HC_KLHC010194192015). The courts also underscored that proceedings should not be discontinued without proper legal basis, and in cases where evidence has been recorded, proceedings should only be dropped through formal judgments (00600006137, 01701987141).
Summary:
Witness dropping during investigation or trial is a recurring issue, often leading to procedural challenges and judicial scrutiny. Proper legal procedures, including filing witness lists, obtaining sanctions, and justifying dropping decisions, are crucial to ensure fair proceedings. Courts tend to scrutinize such actions to prevent miscarriage of justice, especially when material evidence or witnesses are unjustifiably excluded.
Search Results for "Wittnesses Dropped"
2016 Supreme(Online)(KER) 31120 • India - High Court of Kerala
B.KEMAL PASHA, J
The investigating officer dropped two petitioners from the array, leading the complainant to seek judicial review. ... Subsequently, the de facto complainant came to know about it and then, he has approached the court below with Annexure-V complaint stating that, in spite of specific evidence in the statements of witnesses as against these petitioners, they were unnecessarily dropped from the array of the accused. ... The matter was investigated and the investigating officer has dropped A9 and A10 from the array of the a....
• India - Crimes
MUKTA GUPTA
Furthermore, Archana, the wife of the appellant was not cited as prosecution witness to extract the fact whether the prosecutrix was dropped at their home by her bua or not. ... Learned counsel for the appellant contends that the bua of the prosecutrix was dropped as witness as nothing material emerged from her testimony to incriminate the appellant. ... Charge was framed under Section 376 IPC against the appellant whereafter the statements of the prosecutrix and the witnesses were recorded. 6. ... It was further contended that the story....
2016 0 Supreme(Del) 4584 • India - Delhi
MUKTA GUPTA
Furthermore, Archana, the wife of the appellant was not cited as prosecution witness to extract the fact whether the prosecutrix was dropped at their home by her bua or not. ... Learned counsel for the appellant contends that the bua of the prosecutrix was dropped as witness as nothing material emerged from her testimony to incriminate the appellant. ... Charge was framed under Section 376 IPC against the appellant where after the statements of the prosecutrix and the witnesses were recorded. ... 6. ... It was further contended that the s....
2021 0 Supreme(Ori) 61 • India - Orissa
B.R.SARANGI
made in the FIR and submitted final form, in that case, the disciplinary proceeding initiated for the self same charges should be dropped ... who is the disciplinary authority, did not give sanction for the criminal proceeding - Departmental proceedings is liable to be dropped ... Rule- 15(4) - Writ Petition - Charges in departmental proceeding and criminal proceeding are similar and same set of documents and witnesses ... When the FIR lodged and ICC case instituted, due to want of sanction, the criminal proceeding initiated against the p....
1997 0 Supreme(Guj) 553 • India - Gujarat
S.K.KESHOTE
which have been dropped by the presenting officer. ... ... Three witnesses have been dropped by the presenting officer. ... dropped by the Presiding Officer and also to examine additional witnesses though not mentioned in the list - Held, the only requirement ... which have been dropped by the presiding officer and to examine two further witnesses. ... So far as other contentions are concerned, the learned counsel for respondent submitted that three witness....
• India - Crimes
C.A.RAHIM
So it is incidental to summon additional persons dropped during investigation by the police. ... The contention of the learned counsel for the revisionists cannot be sustained that cross examination should be a condition precedent prior to summoning all the additional accused persons named in the first information report but subsequently dropped during. investigation. Section 319 Cr. ... Another submission of the learned counsel for the revisionists is that the witnesses are interested witnesses towards the prosecution a....
• India - Dishonour Of Cheque
J.D.KAPOOR
138—Code of Criminal Procedure, 1973—Section 204(2)—List of witnesses—Complaint ... On the list of witnesses has not been filed the Order of summoning could have been kept in abeyance as the petitioner has not challenged the legality of the said Order. In the absence of list of witnesses neither the proceedings can be dropped nor are these vitiated. ... Non-compliance of a provision is mandatory till a list of witnesses is filed, Order of summoning shall not be passed. ... 4. ... Admittedly the list of ....
• India - Karnataka
after investigation, charge sheet is now filed only for the offence under Section 304 IPC and offence under Section 302 IPC is dropped ... After completion of investigation, the police have now filed charge sheet only for the offence under Section 304 IPC and section 302 IPC is dropped in the charge sheet and accordingly, prays ... initially, FIR was registered for the offence under Section 302 IPC, after investigation, charge sheet is now filed only for the offence under Section 304 IPC and offence under Section 302 Trial Court exempts his appeara....
• India - Dishonour Of Cheque
P.R.Shivakumar
Upon such hearing, the learned Judicial Magistrate, Padmanabhapuram came to the conclusion that the further proceedings in a case instituted in a private complaint in which summons have been issued cannot be dropped on the technical ground of not serving a copy of the complaint alongwith the summons ... It also provides that if such stoppage of proceedings is made after the evidence of the principal witnesses have been recorded, the same has to be done by pronouncing a judgment of acquittal and in any other case, namely, when the principal witnes....
1987 0 Supreme(Raj) 157 • India - Rajasthan
N.C.SHARMA
Received a police report u/s. 173(1)—On receiving such report decided that there is no sufficient ground for proceeding further and, dropped ... the action---Magistrate is competent to drop the action without examining the complainant and the witnesses if any an oath. ... Judicial Magistrate, Nawa for proceeding under section 204 Cr.P.C. and he rightly dropped the proceedings. ... In the instance case, he has decided that there was no sufficient ground for proceeding further and dropped action in both the matters. He has....
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