Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Reasons to believe - Arrest cannot be made merely because it is lawful to do so - (a) An arrest can be affected if there is a reasonable complaint, credible information or reasonable suspicion and police officer has reason to believe that such offence has been committed by accused person and arrest is necessary; (b)..........
Criminal Procedure Code, 1973, Section 441 -- Surety bond - Petitioner involved in 13 cases in different States and he stands enlarged on bail in all the cases - However, inspite of obtaining bail in 13 cases, petitioner has not been able to furnish sureties - Petitioner will furnish his personal bond for Rs.50,000/- and furnish two sureties who shall execute bond for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition of furnishing FDR of Rs.15 lakhs - Accused was granted bail about three months ago and till date, accused is languishing behind the bars due to her inability to fulfill the condition imposed while granting bail - Imposing such onerous condition while granting bail defeats very purpose of granting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Reasons needs to be recorded in case a discharge application is allowed - However, where discharge application is rejected only prima facie case is to be seen for framing of charge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
