Criminal Procedure Code, 1973, Section 203, 378(4), 401 -- Dismissal of complaint u/s 203 Cr.P.C - Not an acquittal as per explanation provided u/s 300 Cr.P.C - Appeal is not maintainable against such order - It is Revision which is maintainable against an order dismissing complaint u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Entrustment of stridhan - Quashing of order framing charges - Allegation against accused/brother-in-law of complainant - Highest allegation of complainant regarding entrustment of her stridhan article was against her mother-in-law, who has passed away - Nothing on record..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of property - It will help Court to take a decision whether any encroachment is made as alleged - In case Advocate Commissioner finds that there is no encroachment then it is petitioner who will get favourable order in the suit and thus no prejudice will be caused to the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Police aid - To implement ex parte ad interim injunction order - Courts not to usually order grant of police aid to implement order of ex parte ad interim injunction order - Since it is not an order on merits after hearing both the parties, Court would be very slow in granting police aid, till possession and rights of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
Criminal Procedure Code, 1973, Section 202(1) -- Investigation u/s 202(1) Cr.P.C - If Magistrate did not order for police investigation u/s 156(3) Cr.P.C and took cognizance of case, that would not be bar to exercise of power of Magistrate for directing police investigation u/s 202(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Criminal Procedure Code, 1973, Section 41, 482 -- Interference with investigation or order staying arrest - No interference with investigation or order staying arrest unless cognizable offence is not ex-facie discernible from allegations contained in FIR or there is any statutory restriction operating on power of police to investigate a case...........
