Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Criminal Procedure Code, 1973, Section 190(1) -- Protest petition - Cannot be entertained after taking cognizance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Where earning of wife is good, that factor can always be considered, as joint parenting is always best for upbringing of child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Amount of maintenance @ Rs.20,000 reduced by High Court to Rs.7,500 p.m merely noticing that earlier husband was in business and now he was in debt and in financial distress - Order of High Court reducing maintenance cryptic and is bereft of reasons and thus, set aside - Matter remanded to High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Drugs and Cosmetics Act, 1940, Section 18A, 18(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from accused - Custody period of accused is more than 2 years and 4 months - Accused has no criminal antecedents regarding any NDPS matter - Trial may take..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Decision taken in a case u/s 125 Cr.P.C. and u/s 12 of the D.V. Act have no binding effect on each other...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Word "may" occurring in S.156(3) Cr.P.C is of utmost significance - It gives Magistrate a discretionary power to order or not for an investigation into the cognizable offence disclosed in the application...........
