CHANDAN SURAJ JAISWAR AND ANR v. THE STATE OF MAHARASHTRA AND ORS
Discusses the interpretation and application of key sections of the CrPC, especially Section 319, and related principles.
Court: Bombay High Court
Citation: 2025:BHC-AS:27959-DB
Decision Date: 30-06-2025
List of Laws
Criminal Procedure Code, 1973; Indian Penal Code, 1860; Constitution of India, 1949
- Criminal Procedure Code, 1973: The judgment extensively discusses Section 319 CrPC, concerning the power to proceed against other persons appearing to be guilty of an offence. It analyzes the stage at which this power can be exercised, the meaning of "evidence" in Section 319(1) CrPC, and the nature of satisfaction required to invoke this power. The judgment quotes paragraph 117 of Hardeep Singh vs. State of Punjab & Ors. which summarizes the conclusions regarding the interpretation of Section 319 CrPC. It also discusses Section 223 CrPC, which deals with what persons may be charged jointly, particularly emphasizing Section 223(d) concerning persons accused of different offences committed in the course of the same transaction. The judgment also refers to Section 156(3) CrPC, regarding directions to the Investigating Officer. The judgment also mentions Sections 156, 157, 169, 170, 173, 193, 200, 201, 202, 300, 398, and 482 CrPC, providing context to the overall discussion.
- Indian Penal Code, 1860: The judgment mentions Sections 376, 377, 307, 392, 452, 342 read with Section 34 IPC, under which the FIR was lodged, alleging rape and other offences. It also refers to offences under Sections 411 and 414 IPC and offences under Chapter XII of the IPC relating to counterfeit coin.
- Constitution of India, 1949: The judgment mentions Articles 226/227 of the Constitution in the context of the High Court's power to interfere with investigations.
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