Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - I.O neither found any material against petitioner nor his involvement in the case was proved - Name of petitioner was dropped in charge sheet - Even, earlier order of summoning of accused quashed and as such petitioner cannot again be summoned on application of prosecution - Order of summoning..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Affidavits indicate that investigations in individual matters were and are being conducted and in accordance with law - No case is therefore made out for transferring investigation to CBI - Application dismissed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period during which accused was released on temporary bail cannot be computed for purposes of reckoning the period of 180 days...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - When husband himself wanted to remarry after leaving wife and had two children from second marriage, provision of S.125(4) Cr.P.C would not apply in the case - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused has undergone 12 years of actual incarceration and still bail denied to him - It is appropriate to call a report from Registrar of Lucknow Bench of position of non-availability of a Bench as also how many applications are pending consideration of bail where appeal is pending consideration and person incarceration..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Singular default in appearance on part of complainant could not entail dismissal of complaint in default more particularly when he had been diligently pursuing same ever since its institution..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is permissible in law to quash FIR or final report only against one or some of accused on the ground of settlement, depending upon facts and circumstances of each case invoking S.482 Cr.P.C...........
