Criminal Procedure Code, 1973 - Criminal complaint  - Amendment  - It is true that there is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of the Code, but the Courts have held that the petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints. (2016)3 PLRSC 883

Criminal Procedure Code, 1973 - Transfer of case  - The high court has taken an exception to the remarks given by the learned trial judge and also opined about non- examination of any witness by him - Sessions Judge, while hearing the application for transfer of the case, called for remarks of the trial judge, and in such a situation, he is required to give a reply and that he has done - He is not expected to accept the allegations made as regards his conduct and more so while nothing has been brought on record to substantiate the same - High Court could not have deduced that he should have declined to conduct the trial - This kind of observation is absolute impermissible in law, for there is no acceptable reason on the part of the learned trial judge to show his disinclination   So far as the non-examination of the witnesses is concerned, as the factual score would uncurtain, the matter had travelled to the High Court in revision assailing the order passed under Section 319 CrPC. Be that as it may, the High Court has not adverted to the issue who was seeking adjournment and what was the role of the learned trial judge - Grant of adjournment could have been dealt with by the High Court in a different manner - It has to be borne in mind that a judge who discharges his duty is bound to commit errors- The same have to be rectified - The accused has never moved the superior court seeking its intervention for speedy trial - The High Court has innovated a new kind of approach to transfer the case. (2016)3 PLRSC 984

 

Criminal Procedure Code, 1973 - Warrants - That there was no warrant issued by a Court - Ignores the legal position that in a case of cognizable offence no warrants are required to be got issued from the Court by a Police Officer to arrest an accused and  if the fact so warrants, the Police Officer authorized can arrest an accused for commission of offences which are cognizable and non-bailable.   D(182) PLR