Criminal Procedure Code, 1973, Section 228(1)(a) -- Offence u/ss 323, 325, 308 IPC - Plea for committal of case to Court of Magistrate on the ground that offence u/s 308 IPC is not made out - Whether offence u/s 308 IPC is committed or not and whether offence falls under first part or second part of S.308 IPC are matters to be decided during trial - At this stage it can..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452 -- Quashing of summoning order - House trespass - Incident of thrashing of victim by accused can be said to have taken place on road only - Summoning of accused u/s 452 IPC is out of record and is based on surmises and conjectures - Summoning order, charge sheet and entire proceedings u/s 452..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Without any change in circumstance much less substantial change in circumstance - On said ground alone, petitioner deserves to be dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - FIR registered under Gujarat Control of Terrorism and Organized Crime Act (GCTOC) - For invoking provisions of GCTOC Act, more than one charge sheet must have been filed in preceding period of last 10 years - Since, only one charge sheet was filed in respect of an activity which can be said to have been undertaken by..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Sessions Court cannot quash cognizance and summoning order passed by Magistrate in exercising its revisional power - If Sessions Court find any illegality, irregularity or jurisdictional error then Sessions Court cannot quash proceedings but revisional Court have only power to issue direction by pointing out error..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
