Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Petitioner is a physically disabled person - Merely on this basis she cannot insist that complaint by her be forwarded to police for investigation...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 380 -- Anticipatory bail - Offence u/ss 354, 354A, 380 IPC - From perusal of FIR, it becomes evident that informant has made specific allegations of outraging her modesty and sexual harassment by unwelcome physical advances, comments and explicit sexual overtures - There is specific..........
Criminal Procedure Code, 1973, Section 190 -- Direction to police to file complete challan - Magistrate has no power to direct police to file complete challan...........
Criminal Procedure Code, 1973, Section 353 -- Cross cases - Version and cross version case - Judgment - Trial in both the cases is to be conducted one after the other - Each case is required to be decided on basis of evidence which has been placed on record of that case and without being influenced by evidence of other case - Judgments in both the cases are required to be..........
Criminal Procedure Code, 1973, Section 465 -- Irregular proceedings - Superior Court is not to quash proceedings merely on the ground of error, omission or irregularity unless failure of justice is there...........
Criminal Procedure Code, 1973, Section 465, 353 -- Irregular proceedings - Cross cases - Version and cross version case - Judgment - Common judgment is passed by trial Court in both the cases - Trial Court has not followed the required procedure which cannot be said to be legal - Trial Court has recorded evidence in one case and substituted the same in other case - It is..........
Criminal Procedure Code, 1973, Section 482 -- Second complaint - Filing of second complaint during pendency of first complaint on same subject matter and non disclosing the first complaint in second complaint, prima facie amounts to abuse of process of Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Criminal Procedure Code, 1973, Section 482 -- Application for acceptance of challan/final report and quashing of FIR - Investigating agency after completion of investigation had filed challan/closure report in Court of Special Judge, but till date no final order is passed - Matter is listed for 14.6.19 - Parties undertake to ensure presence of their respective clients..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
