Criminal Procedure Code, 1973, Section 202 -- Accused residing beyond jurisdiction of Magistrate - Enquiry u/s 202 Cr.P.C. - Law settled in Vijay Dhaunka's case reiterated : In the inquiry envisaged u/s 202 of the Code, the witnesses are examined whereas u/s 200 of the Code, examination of complainant only is necessary with the option of examining the witnesses present, if..........
Criminal Procedure Code, 1973, Section 214, 216, Indian Penal Code, 1860, Section 364A -- Charge u/s 364-A IPC - Charge erroneously framed - Irregular charge which does not prejudice interest of accused or defence, would not vitiate proceedings - Charge may be treated u/s 364 IPC instead of u/s 364-A IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petition u/s 125 Cr.P.C. is maintainable when maintenance is granted by civil court which is purely gratuitous and unwarranted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
Criminal Procedure Code, 1973, Section 156(3), 482, Constitution of India, 1950, Article 227 -- Application u/s 156(3) Cr.P.C. - Direction for registration of FIR and investigation by police - Quashing - Filing of petition u/s Art.227 of the Constitution of India or u/s 482 Cr.P.C. at this stage is nothing but premature, hence not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Indian Penal Code, 1860, Section 376, 354A, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, 33, Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 220, 221, 357, 357A -- Rape of minor girl by her step father - Aggravated penetrative sexual assault - Prosecutrix gave birth to male child -..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be produced were in the knowledge of petitioner but he failed to produce the same before trial Court - Application dismissed by trial Court by giving sound reasons - order calls for no interference...........
Criminal Procedure Code, 1973, Section 357(1), (3) -- Compensation - Fine if forms part of sentence, Court can award compensation only u/s 357(1) Cr.P.C. and not u/s 357(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, 437, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 PML Act - Evidence on record shows that accused and his wife acquired huge movable and immovable properties - Even, prosecution prima facie successful in proving : (i) predicate crime; (ii) tainted property; and the property..........
