Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Entries in case diaries are not evidence nor they can be used by accused in Court unless the case comes within scope of S.172(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 172(3) -- Police diary - Denial of right to accused to inspect case diary cannot be characterized as unreasonable or arbitrary - Confidentiality is always kept in investigation and it is not desirable to make available the police diary to accused on his demand...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While invoking power u/s 319 Cr.P.C. trial Court should consider the statements of witnesses adduced before it and it should not place reliance upon material available in the charge-sheet or case diary...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Bharatiya Nyaya Sanhita, 2023, Section 108, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Abetment of suicide - Anticipatory Bail - Husband committed suicide in 2025, but accused wife had been living separately since 2022 - Accused had also filed complaint against husband in 2024 alleging he threatened to commit suicide if she did not return - Even, FIR is..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - If Magistrate after giving opportunity of hearing to informant passed a detailed order accepting final order by discussing the case on merit then this order will amount to final order disposing the case so far as the cognizance on the basis of material of the case diary is concerned -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Law as to: (i) Trial Court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied at any stage of proceedings on the evidence adduced that the persons who have not been arrayed as accused should..........
