Criminal Procedure Code, 1973, Section 482 -- Second complaint - Quashing of - Earlier complaint rejected - Second complaint is nothing but a mere repletion of earlier complaint and nothing is argued to demonstrate that any of exceptional circumstances were available while filing second complaint - Second complaint quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Opportunity to cross-examine wife - Leaving a wife uncross-examined is likely to result in creating obstacle in correctly appreciating evidence - Liability of delay cannot be laid squarely on shoulders of husband, as there have been many dates on which even wife did not appear in the Court - Since matter..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 120B -- Anticipatory bail - Offence u/ss 420, 468, 120-B IPC - As per allegations, petitioner received cheques in name of the firm which was in partnership with complainant, but same were deposited by him in his own firm - However, as per petitioner, cheques were deposited in the firm..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 384, 376D, 506, Information Technology Act, 2000, Section 67(A) -- Anticipatory bail - Offence u/ss 323, 452, 384, 376-D, 506 IPC and S.67(A) IT Act - As per own stand of complainant, she is a mature married woman and has filed her duly sworn attested affidavit to the effect that she has..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Condition to co-operate with investigation of case - Not necessary to specifically state in the order granting bail, as where anticipatory bail is granted to a person by Court in exercise of its judicial discretion, there is an implied condition imposed on such person that he shall cooperate with..........
Criminal Procedure Code, 1973, Section 438, 91(1) -- Anticipatory bail - Non-production of an article by accused pursuant to notice issued to him by I.O u/s 91(1) Cr.P.C - Does not amount to not co-operating with investigation of case, as if an accused does not produce article before I.O., search of it can be conducted and it may be seized by police - Order cancelling..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complainant called for investigation - Complainant taken into custody and police officials brutally beat them at the police station when they were in lock up - Injuries caused by accused cannot be justified and cannot be said to have been inflicted while acting or purporting to act in discharge of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There has to be coherent nexus between the act complained and the duty of the public servant - Only those acts or omissions done by a public servant in discharge of its official duty having direct nexus with his official duty are protected which acts are done bona fidely - There has to be a reasonable..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable arrest warrant - Petitioners not cooperating with investigation and avoiding to appear before I.O intentionally - Police successively raided their premises - Involvement of petitioners in commission of crime shown as per statement of victim - It was thus, necessary to effectuate their arrest and in doing so I.O..........
