Criminal Procedure Code, 1973, Section 468, 473, 173 -- Bar u/s 468 Cr.P.C. - Belated protest petition/private complaint - No notice admittedly sent to de facto complainant, at the time of referring matter by sending referring report to Magistrate - Only on insistence of de facto complainant that too pursuant to direction given by this Court, such a notice has been given..........
Unlawful Activities (Prevention) Act, 1967, Section 17, 18, 21, 40, Criminal Procedure Code, 1973, Section 57 -- Police custody remand - Grant of extension by Magistrate - Order of extension set aside by Revisional Court - Offence u/ss 17, 18, 21 40 of the Act - Magistrate has not considered grounds for claiming PCR on its own - Even, Magistrate failed to record cursory..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 494 -- Anticipatory bail - Petitioner repeatedly joined the investigation - Challan already presented and nothing to be recovered from the petitioner - Complainant has changed stance before High Court - Without expressing any opinion on merits of case, interim bail granted made..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Procedure u/s 82 Cr.P.C. not followed before declaring petitioner as proclaimed offender - No service upon petitioner got effected as he was not an ordinary resident of addresses given in complaint - Moreover, petitioner already appeared before trial Court and has been granted bail - Order declaring..........
Indian Penal Code, 1860, Section 376(2)(i), Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Delayed FIR - Rape of 8-1/2 years old girl - FIR lodged next day of incident by mother of victim - Mother of victim explained the reason for delay while she was examined before Court - Moreover, in rape cases..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Object and purpose - To enable Court to direct State to pay compensation to victims where compensation u/s 357A Cr.P.C. was not adequate or case ended in acquittal or discharge...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302 -- Murder - Victim compensation - Incident is of 2009 and appeal is of 2010, it will take time if inquiry is conducted by this Court for assessing quantum of compensation payable to legal heirs of deceased - As Court can direct State Government to pay compensation to victims and legal heirs,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Quantum of maintenance - Husband getting salary of Rs.3000 in 2011, as per his salary slip, which is his basic salary and D.A. and allowances were not mentioned in salary slip of husband - Said salary including D.A. and allowances would certainly be enhanced during last six years - Amount of..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Criminal Procedure Code, 1973, Section 201 -- Territorial jurisdiction - Court lacking jurisdiction to try the case - Proper course for the Court is to return the complaint to be presented before proper Court...........
