Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act done in performance of public duty - Even otherwise, complaint is lodged on the next date as a counter blast to proceedings initiated by petitioner for removal of encroachment on public land - Sanction u/s 197 Cr.P. a prerequisite for taking cognizance against petitioner...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Where presence of complainant on particular day was quite unnecessary then resorting to step of axing down complaint may not be a proper exercise of power - Discretion must therefore be exercised judicially and fairly without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Cruelty - Mediator of settling the marriage - On the request of complainant side he got himself involved to ask accused not to demand additional dowry or to harass the deceased - Not alleged in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Proceedings are quasi civil and quasi criminal - Amendment sought is only for addition of minor children in the petition and that does not make any difference in the nature of application - Order allowing amendment, upheld...........
Criminal Procedure Code, 1973, Section 437(2) -- Re-arrest of accused - After granting bail - Magistrate has power to order re-arrest accused in the event of subsequent addition of provisions of no, bailable offences under IPC and for this, cancellation of earlier bail is not at all necessary...........
Criminal Procedure Code, 1973, Section 482, 437(2) -- Petition u/s 482 Cr.P.C - Maintainability - Order of re-arrest of accused u/s 437(2) Cr.P.C - Order passed is a final order and revision can be filed u/s 397 Cr.P.C against such order - Since decision arrived by Magistrate qua said order is purely question of law, petition filed u/s 482 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Withdrawal of bail application filed in High Court - Accused can subsequently file bail application before Sessions Court - There is no law that his subsequent bail application lies only before High Court...........
Criminal Procedure Code, 1973, Section 161, 164, Evidence Act, 1872, Section 32 -- Statement of prosecutrix (now dead) u/ss 161, 164 Cr.P.C - Statement itself is not admissible in evidence because statements u/ss 161, 164 Cr.P.C do not cover purview of S.32 Clause 1, 3 to 8 of Evidence Act - So far as S.32(2) of Evidence Act is concerned, statements are not available on..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
