Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Husband ready to go for DNA test but no separate application is filed for DNA test - Adverse inference cannot be drawn against wife merely because she refused to go for DNA test in her cross-examination - Even otherwise, husband failed to show that for period of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court has the power to quash proceedings even in those offences which are not compoundable, where parties have settled the matter between themselves - But the power has to be exercised fairly with caution...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Criminal Procedure Code, 1973, Section 397(3) -- Second revision petition - Not maintainable u/s 397(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Accused never cross-examined PWs 2 & 3 and partially cross-examined PW1 - Reason for such non-cross-examination is absence of their counsel when the matter was listed for cross-examination - Accused permitted to cross-examine PWs completely on a particular day fixed by concerned Court for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 2 cases - Concurrent running of sentences - Accused convicted in two cases for offence u/s 138 of the Act - Sentences passed in two cases ordered to run concurrently...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, Criminal Procedure Code, 1973, Section 438 -- Offence u/s 3(1)(w)(ii) of the Act - Anticipatory bail - When prima facie offences in question are not attracted, there is no question of bar u/s 18 of SC/ST Act - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(1)(va) -- Quashing of proceedings - Offence u/s 3(1)(v) & (va) of SC/ST Act - Private dispute between parties was going on with respect to illegal construction - No allegation in complaint that complainant is obstructed or interfered..........
Criminal Procedure Code, 1973, Section 433, 433A -- Premature release - For the purpose of considering actual imprisonment, the period of parole is to be excluded...........
