Sorathiya Hareshbhai Rameshbhai vs State Of Gujarat on 22 August, 2025
NEUTRAL CITATION
R/SCR
Decided On: 28Thmay vs State Of Himachal Pradesh & Ors on 28 May, 2025
Author
perusal or preparation. The Court's duty under Section 304
CrPC is not discharged by mere appointment; it must vigilantly
DSREF ... grips of the matter, the
charges were framed. The concerned provisions viz. Sections
227 and 228 of the Code contemplate framing of charge upon
consideration
Article 21 of the Constitution of India. Sub-Section (1) of Section 304 reads thus: "304. Legal aid to accused at State expense ... short, 'BNSS') are the Sections which correspond to Sections 303 and 304 of the CrPC. Thus, under Section 304
cross-examine them even by recalling them. The provision
under Section 304 of Cr.P.C., provides legal aid to the accused at State
expenses ... certain circumstances. It is relevant to extract the provision
under Section 304 of Cr.P.C., as follows :-
“ 304 Legal aid to accused at State
furnished with the grounds of arrest as mandated under Section 50 Cr.P.C. (now Section 47 BNSS), and only an arrest memo lacking such ... accused at State expenses is also enshrined in Section 304 Cr.P.C. (now Section 341 BNSS).
11. The importance of the remand Magistrate
furnished with the grounds of arrest as mandated under Section 50 Cr.P.C. (now Section 47 BNSS), and only an arrest memo lacking such ... accused at State expenses is also enshrined in Section 304 Cr.P.C. (now Section 341 BNSS).
11. The importance of the remand Magistrate
Bagalgunte Ps (Transferred From Peenya ... vs Ashoka Chakravarthy Ashoka on 15 May, 2025
KABC010050372015
IN
Manoj
Kumar Srivastava who filed his affidavit of evidence under Section 200 of the Cr.P.C. by
way of an affidavit ... company was proceeded against in
absentia in terms of Section 304 Cr.P.C.
EXAMINATION OF THE ACCUSED UNDER SECTION 313
violation of fundamental principles of
judicial procedure on account of breach of mandatory
provisions of Section 304 of Cr.P.C.
****
42. While holding ... violation of fundamental principles of judicial procedure and
constitutional mandate, but also violation of mandatory
provisions of Section 304 Cr.P.C. The assistance