Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Sessions Court in revisional jurisdiction reduced the interim maintenance - Revision there against - Record shows that there is some dispute over factual aspects which are required to be decided in trial Court and not in revisional forum - Held, trial Court directed to dispose of main case u/s 125 of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of maintenance at Rs.4,000 in favour of wife and Rs.3,000 in favour of minor sons by Trail Court - Validity - Held, trial Court in absence of any document filed by present petitioner assessed his income around Rs.65000/- P.M. Actual income is known only to husband - It is his duty to come with documentary..........
Criminal Procedure Code, 1973, Section 360 -- Grant of probation - Conviction u/ss 323 & 506 IPC - Respondent No.2 has faced trial for a long period of twenty-five years - She is now a sixty four years old widow lady who is also suffering from sugar and blood pressure problems - She has been found doing selfless social work by Probation Officer - Held, order granting..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420 -- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
Criminal Procedure Code, 1973, Section 401 -- Order of acquittal - Revision - Held, order of acquittal not liable to be interfered without giving notice and providing opportunity to person in whose favour such order had been made by subordinate Court - Revision petition dismissed...........
Criminal Procedure Code, 1973, Section 401, 250 -- Order of Magistrate directing complainant to pay compensation to accused - Revision against - Held, revision itself not maintainable since statutory appeal is provided against an order awarding compensation u/s 250 of the Code...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application dismissed in default - Restoration - Applicant was ill on the date fixed and her counsel was on strike as such no one pressed the revision and it was dismissed without any hearing - Held, case may be restored on showing sufficient cause - No error committed by Revisional Court in allowing restoration..........
Criminal Procedure Code, 1973, Section 203, 397, 401 -- Complaint - Dismissed u/s 203 after taking cognizance and pre-issuance of process - Revision against - Right of accused to be heard - Held, once a challenge is laid to such order at instance of complainant in a revision petition before High Court or Sessions Judge accused persons get right of hearing before Revisional..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint case - Dismissal - Validity - Court has proceeded on relevant inquiry u/ss 200 and 202 CrPC and on consideration of entire material evidence on record and oral statement has given well reasoned opinion for dismissing complaint - Held, no prima facie offence appears to have been made out - No illegality or..........
Criminal Procedure Code, 1973, Section 397(1)(3), 482 -- Second revision - Maintainability - Held, against order passed in a criminal revision petition, no second revision is maintainable by virtue of bar u/s.397(3) Cr.P.C. - However, relief contemplated u/s.482 Cr.P.C. is still available, but High Court would exercise inherent jurisdiction in such an event only to prevent..........
