Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For quashing of proceedings u/s 482 Cr.P.C, an accused has to prove that un-controverted allegations do not make out an offence...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Prima facie evidence on record that accused had played an active role in instigating or adding commission of suicide by deceased by pressuring her to have physical relationship with him as well as to leave her husband and to marry him by..........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Criminal Procedure Code, 1973, Section 173(6), 161 -- Statement of prosecution witnesses - Supply of copies to accused - All statements of prosecution witnesses has to be supplied to accused - S.173(6) Cr.P.C. is an exception to the said provision - This is applicable in two eventualities, viz. (a) Statement is not relevant to the subject matter of the proceedings; (b) Its..........
Criminal Procedure Code, 1973, Section 207, 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44 -- Protected witnesses - Supply of copies of redacted statements of these protected witnesses - Trial Court passed the order permitting redaction of address and particulars of witnesses which could disclose their identities and other relevant paras in the statements..........
Criminal Procedure Code, 1973, Section 2(wa), 357A -- Victim - Child born to victim as a result of Sexual offence under POCSO Act is indeed her legal heir and also a victim in view of definition of `victim' - He must be adequately compensated for as it was accused who is responsible for bringing him in this world and then abandoning him at the mercy of an Orphanage...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Misuse of process of law by filing successive applications suppressing material facts and documents and misleading Court - Applicant has not come to Court with clean hands - Petition rejected with cost of Rs.25,000/-...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere repetition of contents of FIR by complainant in his statement recorded in the Court would not be enough to summon a person to face trial u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is to record its satisfaction to extent that evidence if goes unrebutted, would lead to conviction - Trial Court while allowing application u/s 319 Cr.P.C not discussed or recorded its satisfaction to that extent - Impugned order set aside - Matter remitted back to trial Court for fresh..........
