Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
Criminal Procedure Code, 1973, Section 482 -- F.I.R. - Under sections 420, 465, 471 and 120B I.P.C. - Petition for quashing - The powers u/S.482, Cr.P.C, are not powers of appeal or revision or powers of review. It is power of exercising of an inherent jurisdiction, which power also vest in this Court. This power cannot be used for the purpose of defeating the objects of..........
Criminal Procedure Code, 1973, Section 133, 401 -- Revision - Once Civil proceedings are pending between the parties before a Civil Court of law and the same subject matter of dispute is in question, the provisions of Section 133 Cr.P.C could not come into play for determining the civil rights of the parties...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 418 - Revision against conviction - Petitioner convicted under Section 420 IPC by JMIC - Additional Sessions Judge convicting him under Section 418 IPC on the plea of its being lesser offence than that of Section 420 IPC and no prejudice is caused to the petitioner - Held ingredients of Section 418 IPC..........
Criminal Procedure Code, 1973, Section 125, 401 -- Maintenance - Respondent pleaded in written statement that petitioner was earlier married to `B'- Petitioner neither filing replication admitting marriage nor pleading that as per customs prevalent in her community she has obtained divorce from `B' - Held that the burden was not on the respondent to prove that her earlier..........
Criminal Procedure Code, 1973, Section 401 -- Second Revision - Maintainability - Petitioner's revision already dismissed by Additional Sessions Judge - Revision filed before High Court - Preliminary issue raised that second revision not maintainable even u/S.482 of the Code - Relying on the judgment of the Apex Court in Krishnan vs. Krishnaveni and another, 1997(1) RCC..........
Criminal Procedure Code, 1973, Section 228 - - Penal Code, 1860, Sections 306 r/w 116 - Framing of charge - Revision - Held that in the present case it is alleged that there is demand of dowry and the complainant was being harassed. She did not succeed in her attempt to put an end to her life. Section 306 IPC will not be attracted because when there is specific provision..........
Criminal Procedure Code, 1973, Section 228 -- Penal Code, 1860, Section 304B r/w Section 511 - Framing of charge - Revision - Held that it is not the prosecution case that the persistent demand of dowry was with a view that complainant would commit dowry death. The demand was being made to get more dowry. It is not the prosecution case that petitioners were driving her..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Article 227 - Insecticides Act, 1968, Sections 3(K)(1), 17, 18 and 33 - Summoning order - Petition for quashing - The proceedings u/S.482 Cr.P.C. cannot be invoked in the present case as the case of the petitioner is not covered under the guidelines laid down by the Hon'ble Supreme Court in the..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Against discharge - Charge u/S.420/467/471 IPC - The attestations of the power of attorney by respondent an Advocate which was allegedly forged and used as genuine by `A' - Nothing found on record that prior to the execution of the power of attorney respondent conspired with `A' - Order of discharge by Ld.ADJ - Held..........
