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1 - 10 of 14 (1.32 seconds)Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 363 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 366A in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Michael Machado & Anr vs Central Bureau Of Investigation & Anr on 17 February, 2000
"In Michael Machado & Anr., v Central Bureau of
Investigation & Anr., [2000] 3 SCC 262,
construing the words "the court may proceed
against such person" in Section 319 Cr.P.C., this
Court held that the power is discretionary and
should be exercised only to achieve criminal justice
and that the court should not turn against another
person whenever it comes across evidence
connecting that other person also with the offence.
This Court further held that a judicial exercise is
called for, keeping a conspectus of the case,
including the stage at which the trial has proceeded
already and the quantum of evidence collected till
then, and also the amount of time which the court
had spent for collecting such evidence. The court,
while examining an application under Section 319
Cr.P.C., has also to bear in mind that there is no
compelling duty on the court to proceed against
other persons. In nut shell, it means that for
exercise of discretion under Section 318 Cr.P.C, all
relevant factors, including the one noticed above,
have to be kept in view and an order is not required
to be made mechanically merely on the ground that
some evidence had come on record implicating the
person sought to be added as an accused."