Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
Indian Penal Code, 1860, Section 193 -- False evidence - Order to prosecute without recording finding regarding deliberate or intentional falsehood - Cannot be sustained...........
Indian Penal Code, 1860, Section 193 -- False evidence - No intentional falsehood uttered - The other relevant fact is that Returning Officer refused to receive nomination paper - However non acceptance as alleged, if a deliberate action, with a specific purpose, neither pleaded nor proved in the course of proceedings so as to penalise the appellant - Further, there is no..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- Giving false evidence - Offence u/s 344 Cr.P.C and S.193 IPC cannot be acted simultaneously, as offence u/s 344 Cr.P.C is a summary trial while offence u/s 193 Cr.P.C is a warrant trial procedure - Magistrate is require to decide as to whether he wants to proceed u/s 344 Cr.P.C or u/s 193..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418, 465, 193, 196 -- Quashing of FIR - Cheating - Case is of the year 2017 and almost three years is completed but there is no progress by investigating agency either to file charge sheet u/s 173(1) Cr.P.C or to file any report as under relevant provisions of Cr.P.C - However, duty is cast..........
Drugs and Cosmetics Act, 1940, Section 32, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 193, 200, 202 -- Complaint u/s 32 of Act of 1940 - When complaint u/s 32 is filed either by the Inspector or by the Authorized Gazetted Officer being public servants u/s 200, the Magistrate is exempted from examining the complainant and witnesses...........
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..........
