ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 397, 200-- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, 397-- Sanction for prosecution - Cannot be gone into by Court in a Revision - Said issue requires examination by Court below before taking cognizance - Court can examine whole materials, and see whether sanction is required to prosecute petitioners and others - Order passed by Court below taking..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506, 34-- Anticipatory bail - Abetment of suicide - Accused demanding possession of land from deceased - He threatened deceased and has put him to terms in respect of handing possession of land - Letters written by accused to police that deceased has threatened him that he would commit suicide shows that..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482-- Offence u/s 406 IPC - Quashing of FIR - There is no averments to the effect that there was an entertainment of property or domain over property and property has been dishonestly acquired and converted to petitioners use - Complaint lacks ingredients to make out offence of criminal breach of trust..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 258, 251-- Discharge - Summons case - If the facts alleged in the final report do not constitute any offence, Magistrate to drop the proceedings and release the accused...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 258, 251-- Discharge - Summons case - If word `discharge' is used in a summons case, it cannot be said to be illegal - Court may use the word `release' or `discharge' when it finds that the proceedings cannot be continued in a summons case and consequently it drops the proceedings...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Provision of maintenance u/s 125 Cr.P.C. is neither penal nor compulsory, but is to be decided in the light of the financial capacity of wife to maintain herself...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C - Statement cannot be used for any purpose other than one permissible u/s 162 Proviso Cr.P.C - Such statement can be used to contradict witness in the manner provided u/s 145 of Evidence Act and also for the purpose of re-examination, if statement was used for..........