Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court will not be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in the FIR or complaint...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation may be issued against an individual by Court if it is reasonably believed that person for whom a warrant has been issued has absconded or is hiding, making it impossible for warrant to be carried out...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Person cannot be said to abscond or evade the execution of warrant when he had gone to a distant place before issue of warrant...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Petitioner is resident and citizen of UK since the year 1988 - He was never served in accordance with law - There was thus, no occasion for petitioner to evade the process of law - Proclamation order is in gross violation of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary charge sheet - Magistrate cannot take cognizance of a supplementary charge sheet submitted after further investigation if it does not contain any fresh oral or documentary evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - No deduction is permissible for payment of monthly installment of personal loan and it should be added in net monthly income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely on the ground that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself...........
