Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 493, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of order taking cognizance - Offence u/ss 493, 506, 34 IPC and Ss.3, 4 of 1961 Act - First complaint lodged against petitioner dismissed - Second complaint filed in which factum of renegotiation of marriage between parents of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Kerala Prisons and Correctional Services (Management) Act, 2010, Section 86(1), 86(2), 86(3), Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Possession and use of mobile phone by prisoner - Plea that only jail authorities can initiate proceedings against petitioner - Held, not tenable as S.86(3) of the Act provides that offence u/ss 86(1), 86(2)..........
Kerala Prisons and Correctional Services (Management) Act, 2010, Section 86(1), Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Possession and use of mobile phone by prisoner - No allegation in the complaint that it was petitioner who brought mobile phone used by him in the premises where occurrence took place - Even, petitioner is neither an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
Criminal Procedure Code, 1973, Section 216, 323 -- Addition of charge - Charge u/s 307 IPC - Committal of case to Sessions Court - Complaint reveals that there was an attempt to strangulate victim - No exception therefore, can be taken to order passed by Magistrate adding S.307 IPC - Said offence is triable by Court of Sessions - Case rightly committed to Sessions Court...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - General allegations made against petitioners - Petitioners left India within a few weeks after the marriage of wife and her husband - No evidence on record that wife made any complaint..........
Indian Penal Code, 1860, Section 499, 509, Criminal Procedure Code, 1973, Section 482 -- Defamation - Live telecast of TV debate - Heated exchange between two politicians on TV debate show - CD containing recording of said debate was adduced in evidence through CW3, its transcript being also presented - Mere use of expression `despicable' or `obnoxious' in legal notice..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code was on merits, the..........
