criminal procedure code Archives - Lokmarg

In a bid to ensure the safety of the public, Delhi Police on Wednesday imposed Section 144 of the Criminal Procedure Code (CrPC) in flood-prone areas of the national capital as preventive measures.

Prohibitory orders have been enforced as a precautionary measure to prevent any untoward incident during the monsoon season.
A senior Delhi police official said that the measure has been put into place fearing chaotic situation during the relocation of people affected due to the flood in Delhi.

“Going with present situation, two police stations located in flood-prone areas in North East Delhi have been ordered to shift to higher floors and other police stations in the vicinity have been intructed to be on alert as Yamuna River has breached the danger level and the water level continues to rise,” the official said.

The official added that police is coordinating with other local bodies to deal with any untoward situation. All police stations have been put on alert as evacuation from flood-affected areas.”

The imposition of prohibitory orders is to deal with the situation in case of evacuation and distribution of relief items,” the official added.

On July 12, the waterlevel in Yamuna breached the danger-level mark and touched 207.25 metres at Old Railway Bridge at 8 am, officials said.

According to officials, the previous record was in 1978 when water level in Yamuna was recorded at 207.49 metres.

In the year 2013, water level in the Yamuna had touched 207.33 metres. Rescue and rehabilitation teams engaged in relocating those living in low-lying areas to safer locations.

Delhi government has already evacuated people living in low-lying areas and shifted them to safer places at higher altitude. Police personnel and Civil Defence Volunteers at such locations and advisories are being issued to people to keep away from the river.

Meanwhile, 2500 tents have been set up in 6 districts of the national capital to which people are being shifted. Those living in the affected areas are being shifted to these camps set up at higher places. “If the water level of Yamuna rises, Kejriwal government is ready to deal with every situation,” Delhi Minister Saurabh Bharadwaj had said yesterday.

The India Meteorological Department (IMD) had on Tuesday issued an ‘orange’ rainfall alert for Delhi. (ANI)

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The Supreme Court on Monday held that Section 319 of the Criminal Procedure Code (CrPC), which deals power to summon persons, can be invoked before the pronouncement of the order of either acquittal or before sentence in case of conviction of the case.

“The power under Section 319 of CrPC is to be invoked and exercised before the pronouncement of the order of sentence where there is a judgment of conviction of the accused. In the case of acquittal, the power should be exercised before the order of acquittal is pronounced,” a constitution bench said.
“Hence, the summoning order has to precede the conclusion of trial by the imposition of sentence in the case of conviction. If the order is passed on the same day, it will have to be examined on the facts and circumstances of each case and if such summoning order is passed either after the order of acquittal or imposing sentence in the case of conviction, the same will not be sustainable,” the court said.

The order was passed by the five-judge bench of Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian, and BV Nagarathna.

The court was dealing with whether the trial court has the power under Section 319 of CrPC to summon additional accused when the trial with respect to other coaccused has ended and the judgment of conviction rendered on the same date before pronouncing the summoning order.

The Court also dealt with the issue of whether the trial court has the power under Section 319 of the CrPC to summon additional accused when the trial in respect of certain other absconding accused (whose presence is subsequently secured) is ongoing/pending, having been bifurcated from the main trial.

The court held that the trial court has the power to summon additional accused when the trial proceeded in respect of the absconding accused after securing his presence, subject to the evidence recorded in the split-up (bifurcated) trial pointing to the involvement of the accused sought to be summoned. But the evidence recorded in the main concluded trial cannot be the

basis of the summoning order if such power has not been exercised in the main trial till its conclusion.

Section 319 of CrPC gives trial courts the power to summon persons other than the accused if it appears to the trial court that such persons have committed an offence in that case.

The court appreciated for the assistance rendered by all the counsel including Senior Advocate S Nagamuthu, who assisted the Court as an Amicus Curiae. For the petitioner, Senior Advocate PS Patwalia, whereas for the respondents ASG SV Raju, advocate Vinod Ghai, and Ardhendumouli Kumar Prasad appeared while for Intervenor, counsel Ashish Dixit appeared in the matter. (ANI)

Tag: criminal procedure code

Delhi Police Imposes Prohibitory Orders In Flood-Prone Areas, Yamuna Level Rises

Section 319 CrPC Can Be Exercised Before Acquittal Or Sentence: SC