Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Not supported by an affidavit - Cannot be entertained by Court...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Before taking recourse of Court, complainant ought to move to police station for registration of FIR and if unattended there, move an application to the Superintendent of Police and this fact also be deposed clearly in application u/s 156(3) Cr.P.C. moved before Magistrate...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Revision - Order rejecting application u/s 156(3) Cr.P.C - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Magistrate dealing with an application u/s 156(3) Cr.P.C is legally authorized to make an order for registration of FIR and investigate into matter or to treat such application as a complaint, as the case may be and he is fully empowered even to reject application moved before it u/s 156(3)..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Quashing of FIR - Compromise - Offence u/s 323 IPC and S.75 of JJ Act - Offence u/s 75 of JJ Act is not compoundable u/s 320 Cr.P.C - However, in the facts and circumstances peculiar to the case, prosecution qua..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not present on the spot of incident - He has proved his plea of alibi through electronic evidence which is admissible evidence - Prosecution failed to bring home charge against accused - Application dismissed...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Husband is morally, socially, ethically and statutorily liable to maintain his wife as well children - He is attempting to deflect from his responsibility which can neither be appreciated nor approved by Court - Till date decree of divorce has not attained finality - Sum of Rs.1000/-..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
Criminal Procedure Code, 1973, Section 409(2) -- Recall of Sessions trial - S.409(2) Cr.P.C creates a bar on administrative power of Sessions Judge for recalling sessions trial after trial of case has commenced...........
Criminal Procedure Code, 1973, Section 173 -- Copy of charge sheet - Copies of charge sheet and relevant documents along with charge sheet do not fall within S.4(1)(b) of RTI Act - State cannot be directed to put on their websites copies of all chargesheets/challans filed u/s 173 Cr.P.C...........
