Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement of amount - Order can be passed by the Magistrate from the date of filing of the application under Section 127, Cr.P.C...........
Criminal Procedure Code, 1973, Section 399, 482 -- Second revision - Under the garb of Section 482 - Not a blanket bar in filing a second revision under Section 399 Cr.P.C - Can be made by showing abuse of the process of law - Or to secure the ends of justice - Otherwise the second revision under the garb of Section 482, Cr.P.C. not legally maintainable...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Cognizance of offence - Complaint - Summoning order - Under sections 420/465/465/120B - Allegation that petitioners in conspiracy with each other and with other accused forged Will which was also produced in the court by the petitioners during the trial of civil suit - That document was not believed by the courts -..........
Criminal Procedure Code, 1973, Section 340 -- Application under section 340 can even be filed after the conclusion of the proceedings - There is no bar that such an application must be filed during the pendency of the proceedings...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Section 8, 9, 13 and 14 of the Prevention of Corruption Act, 1988 and the report under section 173 of Cr.P.C - Petition for quashing - Petitioners have already been exonerated on the departmental side - No chargeable evidence collected in the departmental inquiry - Still they are prosecuted under charges of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Challan presented against the petitioners - Plea by state that the proceedings under section 482 Cr.P.C. cannot be allowed - Held this submission cannot be made universal rule - Ordinarily the High court should not invoke the provisions under Section 482 Cr.P.C. after the submission of the charge-sheet - However..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held due to strong animosity/rancour between husband and wife, the wife felt induced to name all the family members as accused in the complaint under section 406 IPC - Unmarried sister-in-law and unmarried brother-in-law who are students dragged in out of illwil - It would..........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Appeal against conviction - Held that there is no evidence on record to substantiate the prosecution case that the appellant was causing any harassment to the deceased - The Courts below totally overlooked this fact and had erroneously held the appellant guilty for committing the murder with the aid of Section 34 IPC -..........
Indian Penal Code, 1860, Section 302, 149, 120B, 148, 449, 452, 460 -- Rioting with murder - 26 persons prosecuted - High Court confirmed conviction of A17 to A22 - A26 acquitted for offence under S.120-B - His conviction under Section 302/149 maintained - Appeals - Eye witnesses proved manner of occurrence - Issue of involvement of appellants - To connect A17 to A22 with..........
Criminal Procedure Code, 1973, Section 401 -- Complaint under section 43, 44 read with section 47 of the Water (Prevention and control of Pollution) Act, 1974 - Discharge of the accused - Petition for revision - The case at the stage of framing of charge - A prima facie case at that stage had to be spelt out - The prosecution had to lead evidence after framing of charge -..........
