Criminal Procedure Code, 1973, Section 397, 401 -- Refusal to grant police remand - Revision thereagainst - Maintainability - Held, an order refusing to grant police remand would be a final order and a revision u/s 397 r/w S.401 of the Code would be maintainable...........
Essential Commodities Act, 1955, Section 6A, 6C, Criminal Procedure Code, 1973, Section 451, 457, 482 -- Release of vehicle - Alternative remedy - Exercise of inherent powers - Rejection of application for release of seized vehicle used for the purpose of transportation and selling of wheat belonging to Public Distribution System in open market - On revision order..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Award of maintenance allowance amounting to Rs.1,000/- per month to wife from the date of application - Revision thereagainst filed by husband - Question of living with her husband has been fully considered and lower Court has given well reasoned findings with regard to justification of wife for living..........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Legality - Party No.3 being a major girl, aged above 18 years of age, had left her parents' house on her own sweet will with revisionist No.1 and married him - Held, no offence is made out against revisionists u/ss 363, 366 IPC - The order taking cognizance and summoning order..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 397,401 -- Defamation - Revision - Quashment of proceedings and summoning order - Accused Principal of College in which complainant was working as Instructor - Offending words are extracts of two complaints made by revisionist to higher superior officer, which were dispatched prior to filing of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Grant of bail - Accused convicted and sentenced to undergo two days imprisonment and to pay Rs.75,000/- to complainant - Held, bail granted to applicant subject to condition of depositing Rs.40,000/- - Order accordingly...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revision - Revision against judgment and order passed u/s 125 CrPC vide which Family Court granted Rs.2,500/- per month to opposite party No.2 till alive and Rs.1000/- per month to opposite party No.3 till attaining the age of majority - Held, after perusing the impugned order of Family Court, no illegality,..........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge - Validity - Sessions Judge has framed additional charge on application of D.G.C. (Criminal) when this fact came to light in statement of prosecution for first time that accused had committed rape upon victim - Held, S.216 CrPC empowers Court to alter charge at any time before judgment is pronounced..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness already examined - Witness examined way back in 2005 - Application moved for recall of witness in 2011 to clarify inconsistency - Held, application cannot be accepted - Power to recall witness should not be exercised lightly or in routine manner - Revision dismissed...........
Criminal Procedure Code, 1973, Section 401 -- Order of acquittal - Revisional power of High Court - Held, High Court has very limited revisional power particularly in the cases of revision by a private person against order of acquittal and in such cases where the State has not filed any appeal against order of learned Sessions Judge...........
