Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 177, 181, 193, 200, 120B -- Third bail application - Cheating - Application for bail filed after police submitted second closure report - No offence has been committed by appellant as per second closure report - Merely because trial Court was yet to accept said report, High Court ought not to..........
Criminal Procedure Code, 1973, Section 177, 178, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Jurisdiction of Court - Cruelty - Quashing of FIR - All the offences itself complained arose in USA - Parties had invoked jurisdiction of US Court for their matrimonial dispute and all disputes stand settled - FIR at Panipat would not be sustainable qua..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Indian Penal Code, 1860, Section 498A, 342, 323, 506, Criminal Procedure Code, 1973, Section 177 -- Demand of dowry - Jurisdiction - Accused residents of place `J' and marriage was solemnized at place `J' - Allegation in FIR that demand and acceptance of dowry was at place `B' - Held, Court at place `B' has jurisdiction...........
Criminal Procedure Code, 1973, Section 177 -- Territorial jurisdiction - Continuing offence - When an offence is continuing one and if it continues to be committed in more than one local area as per S.177 Cr.P.C., the Court having jurisdiction over any of such local area is competent to inquire into and try the offence...........
Criminal Procedure Code, 1973, Section 439(2), 177, 178, 179 -- Cancellation of bail - Bail granted by Court where accused was arrested - Merely because accused is arrested at place `N' does not clothe Court at `N' with jurisiction to grant bail - Bail cancelled...........
Criminal Procedure Code, 1973, Section 177, 178 -- Territorial jurisdiction - Continuing offence - Sexual abuse upon minor girl - When an offence is a continuing offence and is committed in more than one local area, it may be tried by any of those Courts having territorial jurisdiction - Since the first offence committed at place `G' and thereafter at `J', Courts at `G'..........
Criminal Procedure Code, 1973, Section 177, 178, 179 -- Jurisdiction of criminal Courts - Generally, offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it is committed - However, there is no absolute provision that offence committed beyond local jurisdiction cannot be investigated, inquired into or tried...........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........