Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant in possession of complete details of all accused as well as the witnesses - Neither recovery needed nor any such material evidence is required to be collected which can only be done by the police - In such a case procedure of complaint case should be adopted...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Merely because facts are in the knowledge of applicant, direction to lodge FIR cannot be refused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Gravity/seriousness of the offence, requirement of evidence for the purpose of launching a successful prosecution and basically the interest of justice depending on the facts of each case needs to be considered in passing the order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Once a Court comes to a conclusion that an accused is entitled to bail, Court cannot postpone the grant of bail, as it may amount to violation of fundamental rights guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR is maintainable where there is a different version and also new discovery is made on factual foundation...........
Criminal Procedure Code, 1973, Section 154, 162 -- Two FIRs - In regard to one and single incident, there could not be a case and a counter case as two FIRs are not permissible in respect to one and same incident because subsequent FIR is hit by S.162 Cr.P.C...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Bail - Offence occurred after 30.6.2024 under the provisions of Bharatiya Nyaya Sanhita - Correct provision for filing bail applications would be Ss.482, 483 of BNSS and not Ss.438, 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Second FIR - Permissibility - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence and also new discovery is made on factual foundation...........
