Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order passed by Magistrate under Act of 2005 - Revision against - Not maintainable - Remedy against such an order is of appeal only u/s 29 of Act of 2005 - Revision cannot be filed against same as in case of any special enactment when in force, then..........
Criminal Procedure Code, 1973, Section 311, 482 -- Order passed u/s 311 Cr.P.C. - Not an interlocutory order - Revision is maintainable against such order - Petition u/s 482 Cr.P.C. not maintainable as remedy u/s 482 Cr.P.C. would is available when there is no remedy under Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Even when petitioner has alternate remedy of revision still petition u/s 482 Cr.P.C. is not barred so as to meet ends of justice - High Court can examine complaint as well as summoning order passed by Court below u/s 482 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304A, 337 -- Summoning of additional accused - Rash and negligent driving - Merely because no claim petition has been filed against proposed accused, it cannot debar the prosecution to take action to avail remedy of S.319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(Ga) -- Sanction for prosecution - Quashing of sanction - Writ petition - Maintainability - Petitioner questioning the correctness of sanctioning order has remedy of assailing the validity of such order before trial Court itself - Material forming basis of sanction order cannot be..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim - Enhancement of sentence and grant of compensation - Maintainability - Offence u/ss 363, 366-A IPC and S.6 of Protection of Children From Sexual Offences Act, 2012 - S.372 Proviso Cr.P.C. grants right to victim to prefer an appeal against any order passed by lower Court acquitting the accused or convicting him..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Non registration by police - Remedy lies u/s 156(3) Cr.P.C. and not u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319, 227 -- Summoning of additional accused - Accused added u/s 319 Cr.P.C. is not entitled to seek discharge u/s 227 Cr.P.C. - However, such accused is entitled to invoke remedy under law against an illegal or improper exercise of power u/s 319, but cannot have the effect of the order undone by seeking a discharge u/s 227 of Cr.P.C...........
