Criminal Procedure Code, 1973, Section 157 -- Delay in sending copy of FIR to Senior Officer - Mere delay in discharge of FIR, is not a circumstance which can throw out prosecution case in its entirety...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 494 -- Summoning of additional accused - Bigamy - No evidence on record that person sought to be summoned as additional accused had knowledge about marital status of accused being already married and also despite knowing about said status, they had encouraged or facilitated him for solemnizing..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - It is not open to revisional Court to exercise revisional power as a second appellate forum...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 294(a), 294(b), 325, 506(II) -- Delay in lodging FIR - Offence u/ss 294(a), 294(b), 325, 506(II) IPC - Incident occurred in night hours - Complaint lodged after brother of complainant admitted in hospital - Complainant stated that she felt very embarrassed and ashamed to describe act of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix was blackmailed and forced into this defilement which was much prior to registration of case, which can only be gone into at the time of trial - She in her stand throughout has levelled allegations and how under threat and coercion accused used to defile her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 342, 354, 376B, 506, 509, 34 -- Quashing of FIR - Offence u/ss 342, 354, 376-B, 506, 509, 34 IPC - Case in hand is apparently a case of blatant abuse of process of law, wherein complainant has attempted to harass her ex-husband and other members of his family by leveling false and obnoxious..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Court can summon a witness if such person was not summoned earlier, if Court is of the opinion that such person is essential to be examined for just decision of the case...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping - Two contradictory statements by prosecutrix u/s 164 Cr.P.C, belatedly after 15 days of incident - FIR based on hear say - No corroborative medical evidence on record to established defilement of..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - S.320 Cr.P.C. not only provides for compounding during trial, but permits compounding even at appellate or revisional stage...........
