Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance to wife - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband - Striking off contentions of husband is neither a mode of enforcement nor a substitute for recovery - Impugned order of striking off..........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - After dismissal of complaint u/s 203 Cr.P.C. Court cannot revert back to pre-cognizance stage to invoke power u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - When Court exercises power u/s 203 Cr.P.C. there is the end of the matter - In such case, Court cannot revert back to pre-cognizance stage as against the remaining accused...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be claimed as a matter of right either by informant or accused - Court can give direction commanding further investigation by I.O u/s 173(8) Cr.P.C., after charge sheet is filed...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not concerned with proof but with a strong suspicion that accused has committed an offence, which if put to trial could prove him guilty - Final test of guilt is not to be applied at this stage...........
Criminal Procedure Code, 1973, Section 433 -- Remission/commutation of sentence - All accused except the present accused acquitted by Court - No material difference found between roles ascribed to all accused - Since other accused were already given benefit of commutation and remission u/s 433 Cr.P.C., same benefit should also be extended to present accused - Respondent..........
Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Issue of process - When person files complaint and supports it on oath, rendering himself liable to prosecution and imprisonment if it is false, he is entitiled to be believed unless there is some apparent reason for disbelieving him and he is entitiled to have person against whom he compants, brought before..........
Indian Penal Code, 1860, Section 409, 418, 423, 425, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal Complaint - Complainant company in its wisdom had withdrawn complaint against tow persons who were officer of Kotak Bank from common complaint made against four persons - Court, do not find any reason as to why remaining two persons who are officer..........
Criminal Procedure Code, 1973, Section 438, Constitution of India, 1950, Article 226 -- Anticipatory bail - State of Uttar Pradesh deleted S.438 Cr.P.C. by State amendment - Still High Court has power to entertain plea of anticipatory bail under Art.226 of Constitution...........
