Criminal Procedure Code, 1973, Section 372 -- An appeal against acquittal - Filed by victim in a case in which sentence of death or imprisonment of life could be awarded lies before a Division Bench of High Court...........
Criminal Procedure Code, 1973, Section 372 -- Appeal - Jurisdiction of Court to deal with appeal filed by victim is determined on the basis of maintainability of appeal against an order of conviction...........
Criminal Procedure Code, 1973, Section 298 -- Previous conviction or acquittal - Voluntary statement by accused of his previous conviction cannot be substitute for proof u/S.298 of Code...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Directions for investigation by police - Delay in approaching police by complainant can be taken note of while considering application u/s 156(3) Cr.P.C. - However, Magistrate ought to direct investigation by police if it feels that evidence is required to be collected with police assistance...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Magistrate is not bound to direct investigation by police even if all the allegations made in complaint disclose ingredients of cognizable offence...........
Criminal Procedure Code, 1973, Section 156(3), 200, 482 -- Complaint - Directions for investigation by police cannot be given by Magistrate mechanically - If complainant can prove the facts in complaint without assistance of police then Magistrate may proceed with complaint u/s 200 and examine witnesses to be produced by complainant...........
Criminal Procedure Code, 1973, Section 473 -- Cognizance - Limitation - Taking cognizance after expiry of period of limitation, if it satisfied on facts and in circumstances of case that delay has been properly explained and that is necessary to do in interest of justice and considering that it will be expedient in interest of justice also to determine with regard to issue..........
Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506 -- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction, it is mandatory on the part of Magistrate to conduct an enquiry or investigation before issuing process, so that false complaints are filtered and rejected...........
