Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 495 -- Jurisdiction of Court - Court within whose jurisdiction first wife has taken up permanent residence after commission of offence punishable u/ss 494 or 495 IPC, has jurisdiction to try the offence...........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Kalandra/complaint u/s 182 IPC can be filed only by officer to whom complaint has been made or by superior officer and not by inferior officer...........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 182, 211, 120B -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 182, 211, 120-B IPC - Compromise arrived at between parties - Although offence u/ss 406, 420 IPC are compoundable with permission of Court, but Offence u/ss 182, 120-B, 211 IPC are not compoundable u/s 320 Cr.P.C -..........
Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Complaint to Vigilance Bureau that Bank Manager demanded bribe for passing loan - FIR not registered - On an enquiry conducted by police, complaint was found to be false - It is only after registration of a case, allegations made by accused can be held to be genuine or false - No offence u/s 182 IPC is made out..........
Indian Penal Code, 1860, Section 182 -- Complaint u/s 182 IPC - Complaint not filed by competent authority, as it has not been filed by Senior Superintendent of police but was filed by SHO of police - Police has not even registered any FIR on complaint made by respondent - Police could not have taken advantage of its own wrong by first not proceeding on complaint moved by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 201, 182, 34 -- Anticipatory bail - Offence u/ss 302, 201, 182, 34 IPC - After more than 5 years and without there being any requirement for custodial interrogation, to decline prayer for anticipatory bail would be to punish petitioner even before he has been found guilty - Even, sons of..........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 182 IPC - Quashing of kalendra - Petitioner allegedly made complaint with allegations that his son mercilessly beated and bed ridden by accused - Police after investigation submitted cancellation report, as accused found not involved in case - Accordingly, kalendra u/s 182 IPC..........
Indian Penal Code, 1860, Section 181, 182 -- Offence u/ss 181, 182 IPC - Comes within purview of S.195(1)(a)(i) Cr.P.C. and unless and until complaint has been made by some particular authority or person, no cognizance can be taken against petitioner - Prosecution against petitioner u/s 181, 182 IPC, without following the mandate u/s 195(1)(a)(i) Cr.P.C., is illegal and..........
Indian Penal Code, 1860, Section 181, 182 -- Offence u/ss 181, 182 IPC - Order framing charges - Allegation that petitioner during course of trial, resiled from his previous statement and did not support the prosecution case - However, previous statement given by petitioner before I.O and Magistrate are not substantive piece of evidence - Charges framed against petitioner..........
