Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Dismissal of application - Magistrate is not bound to pass order for registration of FIR in every application u/s 156(3) Cr.P.C. - In the instant case application filed u/s 156(3) Cr.P.C as a counter blast to FIR lodged by opposite party - Admittedly, applicant and opposite party are..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement - S.127 Cr.P.C empowers Court to make any alteration in the allowance of maintenance/interim maintenance on proof of change in the circumstances of any person receiving maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife and daughter - Enhancement of - Salary of husband has increased manifold - Wife is suffering from some ailment and requires recurring medical expenditure - Though daughter has become major in the meanwhile but there is nothing to show that she had become financially independent or was got married at the time..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - For releasing the vehicle u/s 451 r/w S.457 Cr.P.C, ownership of vehicle is not relevant - It is only relevant when there is dispute regarding possession of ownership of goods or vehicle...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle was recovered from the possession of accused - Trial Court dismissed the application only on the ground that accused is not having any registered certificate in his name and vehicle is registered in the name of one `B' - However, for releasing the vehicle u/s 451 r/w s.457 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304 -- Bail - Offence u/s 304(Part I)PC - Accused is behind the bars since 16.2.2023 - Investigating agency has already concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not made any progress, as out of 23 witnesses cited by prosecution, only one witness has..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence is on record to make it a triable case as against accused - Statement of PW18 and PW13 also support prosecution case regarding demand of huge money for extending benefit to father of informant - Accused rightly summoned as additional accused...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Cognizable offence - Police may investigate a cognizable offence u/s 156(1) Cr.P.C after registration of an FIR u/s 154 Cr.P.C but without registration of an FIR, police cannot initiate any investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR not registered - Investigation u/s 156(3) Cr.P.C. can be carried out only under an order passed by a Magistrate...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, Court cannot go into correctness of allegation and application cannot be allowed on the ground that allegations are false...........
