Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money in question was recovered as part of investigation in which exchange of money is subject matter of controversy - Appropriate ownership of sum of money can only be determined after consideration of all evidence and having taken into account the claims and views of all other persons that accused..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 216 -- Quashing of order - Order allowing alteration of charges - Charges have been altered only on examination-in-chief of complainant without providing an opportunity to accused to cross-examine the complainant - Impugned order set aside - Matter remanded for fresh..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant and injured witnesses stated that petitioners along with others made assault due to which three persons sustained injuries - However, FIR lodged after three months of incident, therefore, there is inordinate delay in lodging FIR - After considering the fact that there is inordinate..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 125, 128 -- Ex parte quashing order - High Court by ex parte order quashed the impugned order of issuing warrant of recovery and arrest to recover the arrears of maintenance without giving an opportunity to appellant in whose favour maintenance order was passed - Ex parte quashing..........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Is not interlocutory but a final order...........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - Appeal arising from an order issued u/s 340 Cr.P.C by Family Court should be filed in accordance with S.19 of Family Courts Act, specifically before Division Bench of High Court - S.19 of Family Courts..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 341, 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - S.19 of the Act, contains a non-obstante clause therefore, it will prevail over S.341 Cr.P.C. so far as forum and limitation are concerned - Family Courts Act is a Special Act and Cr.P.C. is a..........
