Criminal Procedure Code, 1973, Section 397(3) -- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of original complaint...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its appellate jurisdiction u/art..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without..........
Criminal Procedure Code, 1973, Section 256(1), 401, 378 -- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused and only an appeal..........
Criminal Procedure Code, 1973, Section 401, 378 -- Order of acquittal - Revision - Maintainability - S.401(4) Cr.P.C. prohibits maintainability of any revision in case of acquittal recorded in a case instituted upon a complaint as complainant has got a right to file special leave to appeal before High Court u/s 378(4) Cr.P.C...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband alleges that wife and her four brothers extended threats to him - However, no specific date or time of circumstances in which such threats were extended has been pleaded nor any complaint against them has been lodged by husband - Husband has made bald statement of general nature,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false complaint against husband by wife - Wife filed a criminal case against husband making allegation of demand of dowry and performance of second marriage - However, second marriage of husband not proved and criminal complaint alleging commission of cruelty and demand of dowry also..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 16, 17, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adulteration in mustered oil - Vicarious liability - To substantiate vicarious liability, neither there is averment in complaint nor there is any material to fasten liability of applicants - Proceedings not tenable in..........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 13(2) -- Adulteration in mustered oil - Re-analysis of samples - Delay in filing of complaint - Complaint filed after 12 months i.e. after expiry of shelf life - Hence, accused lost right to re-analysis the samples in accordance with S.13(2) of the Act...........
