Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Provisions of Cr.P.C cannot be invoked to challenge the proceedings emerging out of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court while dealing with cancellation report filed in matrimonial case especially where complainant accepted such cancellation report, ought to proceed in a compassionate manner and not with a pedantic approach...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 156(3), 154(1), 154(3), 465(2) -- Application u/s 156(3) Cr.P.C. - Non-compliance of Ss.154(1), 154(3) Cr.P.C - Charge alleging commission of offence punishable u/s 406 IPC was already filed after detailed investigation - Petitioner did not challenge the proceedings before filing final report by police - In view of protection u/s..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Prosecutions regarding distinct and independent transactions, concession u/s 427 Cr.P.C cannot be extended to a prisoner - Benefit of S.427 Cr.P.C can be extended to a prisoner ordinarily where prosecution is based on single transaction...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Direction for concurrent running of sentences would be limited to the substantive sentence alone...........
