Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce petition by wife on ground of cruelty and desertion - Allegations of demand of dowry, harassment, physical abuse which included severe beatings - Cannot be disbelieved simply because the complaint was not made to CAW cell or to any other statutory authority/police against demand of money and dowry or against..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A person who has merely filled the cheque is not liable u/s 138 of the Act - As far as drawer of cheque is concerned, no notice u/s 138 of Act issued to her demanding payment of cheque amount - Complaint filed prior to lapse of fifteen..........
Criminal Procedure Code, 1973, Section 397, 398, 203, 204 -- Revisional jurisdiction - Offence u/ss 294, 354 & 506 - Revisional court is not competent to pass an order of summoning accused while disposing of revision petition preferred by complainant whose complaint has been dismissed by trial court after recording preliminary evidence and finding that there is no..........
Indian Penal Code, 1860, Section 376 -- Rape - Contention of appellant that after alleged occurrence, girl straightaway went to her house and only thereafter she went to police station to lodge complaint and hence story of rape cannot be believed - Held, one cannot expect every rape victim to straightaway go to police station and lodge complaint - Contention liable to be..........
Prevention of Terrorism Act, 2002, Section 32(5) -- Confessional statement - Plea that accused must be sent for medical examination only if there is a complaint of torture and only in that case, he must be sent to judicial custody - Said plea not justified as use of phrase, "shall be sent to judicial custody" after confession is a mandatory requirement in comparison to the..........
Indian Penal Code, 1860, Section 412 -- Dishonestly receiving stolen property in commission of dacoity - Neither the owner of vehicles in question was examined nor any other evidence was adduced to prove that any complaint was lodged with police that vehicles were stolen as a result of dacoity - In absence of any evidence on record that these vehicles were subject matter..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - CBI did not arrest the accused during course of investigation at any stage - Accused himself surrendered, after submission of final police report - Complainant neither filed any private complaint against accused nor complained to higher authorities against the..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is..........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - Specific allegations against husband and father-i, law - Proceedings against them to continue - However, since there are no specific allegations against Jeth and dewar, as such proceedings against them quashed...........
Indian Penal Code, 1860, Section 452, 353, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Assault - Quashing of summoning order - Four years after obtaining decree of divorce wife filed a complaint against her husband that he came to her house with his family members and assaulted her - Held, complaint was lodged only to wreck vengeance and seek vendetta by..........
