Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR does not make prosecution case improbable when such delay is properly explained, but a deliberate delay in lodging FIR may prove fatal...........
Criminal Procedure Code, 1973, Section 240 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.263(1) - Framing of charge - Charge should be framed in writing - It cannot be in a printed format - Court cannot prepare a format of charge and fill the details of each case in vacant space of format...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW12 for further re-examination - Murder - CD of CCTV footage and pen drive in question were handed over to SHO by a third party - Accused therefore, has every right to seek re-examination of PW12/Inspector to elicit all relevant facts before trial Court delivers its final decision - Moreover, accused `R' initially..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If complaint is out of vengeance, then Court can interfere u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is a highly qualified lady may somehow earn some money, she cannot be deprived of maintenance allowance as she was living with her husband at her matrimonial house...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband has sufficient means to maintain his wife and children - He has deliberately not filed relevant documents before trial Court as well as before High Court regarding total income, total assets, loss and profit as well as balance-sheets of company where he, his father and mother are..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Criminal Procedure Code, 1973, Section 125, 128 -- Application u/s 125 Cr.P.C and S.128 Cr.P.C - Can be filed against a minor...........
