Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court can quash FIR only when un-controverted allegations do not make an offence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - If a wife had maintained silence in order to save her marital life and did not lodge report, then her silence for noble cause should not be considered against her by holding that FIR was lodged by way of counter blast to divorce petition - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Specific allegations against accused that not only they started demanding Car and 20 Tola of Gold after four month of marriage of wife but she was forcefully ousted from her matrimonial house - Since then wife is residing in her parental house coupled with the fact that compelling a..........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in the absence of accused - In the event, an order u/s 299 Cr.P.C is passed, deposition of any witness taken in the absence of an accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without any amount of delay,..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Immoral trafficking/sextortion - Where allegations are of sextortion, it is not appropriate to grant anticipatory bail, as it would necessarily cause impediment in effective investigation - Anticipatory bail application dismissed...........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Transfer of cases sought on the ground that there is refusal by advocates to represent husband in legal proceedings - However, husband being represented by one of such..........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Husband sought transfer of two cases because he has an apprehension qua his false involvement in cases by brother of wife - However, husband is appearing in cases in..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - At the stage of issue of process u/s 204 Cr.P.C, Magistrate is only to decide whether there exists sufficient ground or not for proceeding in the matter...........
