Criminal Procedure Code, 1973, Section 482, 311 -- Additional Evidence - Permissibility - Pre-charge evidence of complainant was closed - Wife of complainant was not cited as witness - MLR of wife not produced on file - No revision against the interlocutory orders lies - Clear case of misuse of Power of summoning witness - Wife of the complainant not permitted to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Summoning order - Remedy has been provided under the Cr.P.C and all the petitioner have availed the remedy by filing revision petition - Present petition challenging the summoning order now amount to filing of second revision - Complaint cannot be quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revision is maintainable against order passed u/s 125 Cr.P.C. - However, revision filed describing it as appeal - Sessions Judge is well within its right to entertain revision against order of trial Court for grant of maintenance - Technicalities cannot be impediment in dispensing with the real justice between..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose..........
Criminal Procedure Code, 1973, Section 391, 401, 482 -- Additional evidence in revision - Sessions Judge has jurisdiction to take additional evidence in revision...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - An order of Magistrate rejecting an application u/s 156(3) Cr.P.C. for a direction to police to register and investigate, is not an interlocutory order - Such an order affects the valuable rights of complainant and is a matter of moment - Access to remedy of..........
Criminal Procedure Code, 1973, Section 397(2) -- Term `interlocutory order' - An order which deals with matters of moment and which affects or adjudicates upon rights or a particular aspect of trial is not an interlocutory order so as to be outside the pale of revision...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
