Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle/article/currency notes u/s 451 Cr.P.C. - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Factual aspects of case need not be gone through by High Court in exercise of its inherent jurisdiction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Quashing of proceedings - Offence u/ss 452, 323, 504, 506 IPC - Prime facie alleged offences is made out against accused - When factual foundation of any offence is laid against accused, Court should not intervene in exercise of its inherent jurisdiction - Summoning of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While exercising revisional jurisdiction, Court is only to see procedural error, irregularity and no, appreciating and non application of law - Re-appreciation of evidence is not desirable under revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court while exercising power u/s 173(8) Cr.P.C., should not interfere with statutory power of investigating agency by directing it to investigate the case from a particular angle or by a particular agency...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Husband is an able body person and not suffering from any ailment - Considering the price index as well as inflation, an amount of Rs.4000, as awarded by Court below, cannot be said to be on higher side...........
Criminal Procedure Code, 1973, Section 389, 357, 482 -- Stay of recovery of compensation during pendency of appeal - Contention that trial Court granted Rs.5 lakhs compensation to victim without discussing age of victim and other circumstances - Held, without expressing any opinion on merits of case, in the interest of justice, applicant is directed to deposit Rs.2 lakhs..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court either on its own or on an application filed on behalf of any party including an accused, since before, would pass an order relating to S.319 Cr.P.C. and there happens to be no clutch prescribed therefore...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 342 -- Quashing of Proceedings - Offence u/ss 323, 342 IPC - Allegation that accused entered into the bathroom of complainant while he was taking bath and tried to commit unnatural offence - Wrong is basically private or personal in nature as complainant has also lost interest and has not..........
