Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - If the provisions of Chapter X Cr.P.C. containing S.133 Cr.P.C. is not followed in the manner as prescribed, then a final order, even if well meaning, cannot be allowed to stand by mere fact that it is well meaning...........
Criminal Procedure Code, 1973, Section 378(1), (2), (4) -- Appeal against acquittal - Leave to appeal - Standards for grant of `special leave' in a case covered by S.378(4) Cr.P.C. are much higher than `leave' contemplated in cases covered by Ss.378(1), 378(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Special leave contemplates a strong prima facie case that judgment of acquittal requires a relook...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Requirement of special leave acts as a statutory filter, ensuring that only those acquittals which reveal gross miscarriage of justice, illegality or perversity are liable to be reopened, thereby making S.378(4) Cr.P.C. exceptional - Right to appeal, is therefore,..........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 500 -- Appeal against acquittal - Special leave to appeal - Offence u/s 500 IPC - Leave sought only against printer and publisher - Duty of a publisher includes ensuring that information pertains to a factual occurrence, which stems from a credible source - Criminal liability cannot be imputed..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C. is payable only when wife is unable to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Suppressing by wife of her employment - Not coming to Court with clean hands - Dismissal of petition calls for no interference...........
Criminal Procedure Code, 1973, Section 125, Maintenance to wife -- Wife failed to bring on record cogent evidence to demonstrate that she was living separately from her husband on account of any situation created by husband - Dismissal of petition calls for no interference...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, duty of Court is to verify prosecution records to see whether prima facie offence is made out or at least a strong suspicion to frame charge, though a mere suspicion would not suffice the requirement...........
