order appointing an Amicus Curiae is also against the provisions of section 304 of Cr.P.C. Section 304 of Cr.P.C. is extracted ... aforesaid, he submits that there is a specific provision under section 304 Cr.P.C. that an Amicus Curiae can be appointed if the accused
should
have proceeded to provide free legal aid as contemplated
under Section 304 of Cr.P.C. and Article 39A of the
Constitution of India ... charge of an offence, the procedure is prescribed
by the Code of Criminal Procedure , 1973. Section 304(1) of
Cr.P.C, which is relevant
should
have proceeded to provide free legal aid as contemplated
under Section 304 of Cr.P.C. and Article 39A of the
Constitution of India ... charge of an offence, the procedure is prescribed
by the Code of Criminal Procedure , 1973. Section 304(1) of
Cr.P.C, which is relevant
duties in defence of the accused. The
words employed in section 304(1) Cr.P.C. i.e. "...the accused is
not represented ... enactment of sub-
section (1) of Section 304 of the Code of
Criminal Procedure. Legal assistance to a poor
person facing trial whose life
appellant under the provision of Section 39-A of the Constitution of India as well as Section 304 Cr.P.C. and Section ... reason of economic or other disabilities."
121. Section 304 of the CrPC refers to legal aid to the accused at State expenses
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
Constitution of India as well as imbibed in Section 304 of
Cr.P.C. Section 304(1) of Cr.P.C. which is relevant ... legal aid, the trial Court was duty
bound, in view of Section 304 of Cr.P.C. to assign free legal
aid to him. This
Criminal Misc. Bail Application NO. 5472 of 2021 ( Bhure Vs. State of U.P .) seeking his enlargement on bail under Section 304 ... perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Bhure, seeking enlargement
dated 10.12.2008 made in Crl.A.No.346 of
2007 after referring to the provisions of Sections 303 and 304 of ... Criminal Appeal No.346 of 2007, the appellants, 27 in number,
have approached the Special Court under Section 304 of the Code of Criminal
Procedure
judgment of a Division
Bench of this Court dated 10.12.2008 in Criminal Appeal No.346 of
2007 ( Martin @ Tamilselvan and others v. State ... special expertise, the Court in exercise of suo motu
power under Section 304 Cr.P.C. could appoint such pleader by
fixing
