Criminal Procedure Code, 1973, Section 155(2), 2(d) -- Non-cognizable offence - Cognizance of offence - Where no FIR is lodged and only non-cognizable report is registered and Magistrate passed order u/s 155(2) Cr.P.C, investigation is conducted and charge sheet is submitted in respect of non-cognizable offence, then explanation to S.2(d) Cr.P.C does not attract -..........
Criminal Procedure Code, 1973, Section 278, Evidence Act, 1872, Section 80 -- Correction of deposition of a witness - Where certificate of Magistrate endorsed on deposition sheet states that deposition was read out to witness and that witness admitted it to be correct, Court is bound to accept this as correct u/s 80 of Evidence Act, until it is proved to be untrue...........
Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father and to biological mother after her remarriage - Both step father and biological mother of petitioner during pendency of application arrested and charge sheeted in criminal case in connection with unnatural death of wife of petitioner - Petitioner lost his job during lockdown - These subsequent events..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Magistrate/special Judge NDPS Act shall have power to consider the application for interim custody of conveyance/vehicle under the provision of Ss.451, 457 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Summoning of additional accused - Magistrate initially taken the cognizance of offence - It cannot be said that Magistrate had played a passive role while committing case to Court of Session - In such scenario proceeding with regard to issuance of summons to other persons, involved in the crime has..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Imprisonment in default of security - Magistrate passed the order of cancellation of security bond and ordered to detain petitioner till expiry of bond period - However, in said order Magistrate has not even stated as to whether any summons for production of accused was issued, whether..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
