UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, 240, Indian Penal Code, 1860, Section 420, 389, 504, 506-- Quashing of order - Order framing charges - Offence u/ss 420, 389, 504, 506 IPC - Statement of complainant verified and confirmed by statement of his father - Magistrate after discussing evidence on record in detail dismissed the discharge application u/s 239 Cr.P.C - Offence in question is prima..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- FIR - Murder of four persons - Firing by accused at deceased child was stated in the FIR - Omission of minute detail that accused jumped on the abdomen of child cannot be regarded as fatal to prosecution case, particularly when sole eye witness is being grief stricken because of death of her four..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Proceedings against other persons - Offences punishable u/ss 147, 148, 341, 323, 325, 307 of IPC - Police investigation shows that petitioner was not present at place of occurrence as he was posted in Army, far away from place of incident - Furthermore, no overt act is assigned to petitioner and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 61, 85, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of Alprazolam tablets along with other intoxicating tablets and capsules - Plea of applicability of Drugs and Cosmetics Act - Petitioner is not license holder in respect of purchase and sale of Alprazolam and Tramadol - Recovered drugs were stored in an unauthorized place - Drugs..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Delay in setting law in motion by lodging complaint or registration of FIR is normally viewed by Courts with suspicion because there is possibility of concoction of case against accused - But when there is proper explanation for delay, prosecution case cannot be doubted on..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 228-- Abetment to suicide - Framing of charges - Suicide note reveals that deceased herself was responsible for her act - She wrote suicide note in presence of her brothers 17 days prior to her death - Deceased was under severe depression - No direct evidence to connect petitioner with crime - Even if..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6-- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of NDPS Rules - However, there is no provision whatsoever either under NDPS Act or D & C Act,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, 126(2)-- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with..........