Criminal Procedure Code, 1973, Section 173 -- Direction to police to present challan - Validity - Cancellation report by police - No Court has got jurisdiction to issue direction to investigating agency to present challan against accused, unless and until, patent malafide or violation of any statutory provision is established to satisfaction of Court...........
Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Criminal Procedure Code, 1973, Section 460, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2) -- Irregularities which do not vitiate proceedings - Cognizance of offence under SC/ST Act taken u/ss 190(a) or 190(b) Cr.P.C. by any other Court than the Special Court or Exclusive Special Court even after Amendment Act of 2016, shall not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - Territorial jurisdiction is determined on date of filing of application - Even if wife resides at a place temporarily on the date of filing of application, concerned Court within whose territorial jurisdiction she is residing, can entertain such application...........
Constitution of India, 1950, Article 21, 32, Criminal Procedure Code, 1973, Section 309 -- Fair Trial - Accused in name of fair trial cannot go on seeking adjournments defeating basic purpose behind conducting of trial as enshrined u/S.309 Cr.P.C. - Accused cannot go on filing application under various provisions of Cr.P.C. whether tenable or not and put forth plea on each..........
Criminal Procedure Code, 1973, Section 311 -- Scope - S.311 Cr.P.C. does not empower Court to summon the record of other Court just to ascertain the name of a witness for prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 370, 373, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 7, 8, 9 -- Bail - Cancellation - Offence u/ss 370, 373 IPC and Ss.3 to 9 of Immoral Traffic (Prevention) Act - Accused arrested for human trafficking and forcing minor girls into prostitution - As many as 41 minor girls were..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340 -- Bar u/s 195(1)(b)(ii) Cr.P.C. - Application u/s 340 Cr.P.C. - Maintainability - Copy of alleged complaint which is said to be forged, by changing its date was allegedly changed prior to its filing and production before Court - Bar u/s 195(1)(b)(ii) Cr.P.C., does not operate - If bar does not operate, then S.340..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 325 -- Framing of charge - Charge u/s 325 IPC - When weapon used was knife, which is dangerous weapon and injury caused was a grievous hurt, it is not understandable as to how trial Court framed charge only u/s 325 IPC - Moreover, accused caused grievous hurt with knife on two victims - Charge u/s..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 368, 120B -- Quashing of proceedings - Offence u/ss 368, 120-B IPC - Prosecutrix neither named the petitioner in her statement, nor any allegation made against petitioner - Petitioner was not known to prosecutrix and had merely provided shelter to prosecutrix for one night - He was scared that he..........
