Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Elaborate defences and evidence brought on record is not to be considered at stage of deciding application u/s 482 Cr.P.C. - Mechanical approach cannot be countenanced...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money in question was recovered as part of investigation in which exchange of money is subject matter of controversy - Appropriate ownership of sum of money can only be determined after consideration of all evidence and having taken into account the claims and views of all other persons that accused..........
Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction - While hearing appeal u/s 374(2) Cr.P.C., High Court is exercising its appellate jurisdiction and there has to be an independent application of mind in deciding criminal appeal against conviction - It is duty of an appellate Court to independently evaluate evidence presented and determine whether..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Father pleaded that he is an unemployed person having no source of income, therefore he is unable to pay maintenance to daughter who is living with her maternal grandfather - Sub Divisional Officer (Revenue) and SHO concerned directed to visit house of father and submit a report about number of family..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - While scheme Cr.P.C. (now BNSS) provides concurrent jurisdiction to High Court and Sessions Court for entertaining applications for anticipatory bail - However, High Court should always encourage exhausting an alternative/concurrent remedy before directly..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
