Criminal Procedure Code, 1973, Section 227 -- Discharge - Court when forming opinion for deciding discharge application, it has to discuss material of charge sheet available before him...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court not to embark on a detailed enquiry or examine supporting material minutely while exercising jurisdiction u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 386, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 386, 506 IPC - Quashing of FIR - FIR in question based on Whatsapp message sent by accused to complainant - However, a bare look at Whatsapp message would not indicate that complainant was put in fear of injury or there was any inducement to deliver property or valuable..........
Criminal Procedure Code, 1973, Section 482 -- Order passed u/s 482 Cr.P.C. - Party concerned not entitled to the order passed in its favour, which is nothing but an abuse of process of Court - It would perfectly be legal as also justified in invoking the same power u/s 482 Cr.P.C. so as to prevent such abuse and to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Bar u/s 362 Cr.P.C is not absolute and in any case, does not apply in case of recall of order...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused obtained order of default bail by deliberately misrepresenting facts - Order recalled...........
Criminal Procedure Code, 1973, Section 362 -- Review - Grounds taken in review petition do not make out any error apparent on record to justify interference - Review petition dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while considering an application for bail must not go into deep merits of the matter such as question of credibility and reliability of PWs which can only be tested during the trial...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
