Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - When Court is seized of application case u/s 321 Cr.P.C. thereupon, it became enjoined to not assess quality of evidence adduced by prosecution and nor to discover therefrom whether prosecution case would end in acquittal or conviction rather the only duty enjoined upon Court is to assess whether..........
Criminal Procedure Code, 1973, Section 482 -- Permission to travel abroad - Default by borrower - Issuance of Look Out Circular - Merely looking at quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by borrower/guarantor - More so when no criminal case alleging fraud has even been filed against borrower/guarantor - Suspicion cannot..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a)(i) -- Offence u/s 188 IPC - Court cannot take cognizance of offence u/s 188 IPC without there being a complaint from public servant or his superior...........
Indian Penal Code, 1860, Section 505(1)(b), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 505(1)(b) IPC - Prosecution failed to explain as to how speech of accused had led to incitement to violence/public disorder - No prima facie case is made out against accused - Moreover, investigation of case has not revealed anything more against accused - FIR quashed...........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Divorced Muslim woman can seek maintenance u/s 125 Cr.P.C until she obtains reliefs u/s 3 of 1986 Act - An order passed u/s 125 Cr.P.C shall continue to remain in force until amount payable u/s 3 of 1986 Act is paid...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased died because of consuming poisonous substance - However, facts reflect that deceased was hyper-sensitive girl aged about 16 years and feels herself humiliated among his family members, friends and in society on account of immoral act, misbehavior and..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(15), Criminal Procedure Code, 1973, Section 321 -- Juvenile - Withdrawal from prosecution - Opposite parties were declared juvenile by JJ Board - Both the opposite parties were school going children and their future may have been hampered in case criminal cases were to be allowed for trial - Criminal..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cognizable offence - Police Officer can suo motu make further investigations in cognizable cases...........
