Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely because complainant deposed before Court that petitioner is involved in crime not ipso facto make out a case for prosecution to file an application u/s 319 Cr.P.C to arraign petitioner as an additional accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material, which is brought before Court, must be of such a nature as would satisfy Court that it would reasonably lead to conviction of the person sought to be summoned...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Accused is in custody since 2022 - Co-accused were already granted bail, which covers accused's case on the grounds of parity for the reasons that they are identically placed - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Bail granted to accused with condition that within 15 days of release from prison, accused shall procure a smart phone and inform its IMEI number and other details to SHO/I.O. of Police station concerned - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Criminal Procedure Code, 1973, Section 243(2) -- Defence evidence - Right of accused to lead evidence to rebut the case of prosecution is valuable right - Denial of that right is denial of fair trial, which elaborates fundamental right guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 243(2) -- Defence witnesses - Unless it is establish that application to summon a witness is made for vexation or delay or for defeating the ends of justice, trial Court has no discretion in issuance of process to compel attendance of any witness cited by accused...........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Case can be registered for investigation by lodging FIR on receipt of information about commission of cognizable offence, even without conclusion of inquest proceedings initiated u/s 174 Cr.P.C...........
