Criminal Procedure Code, 1973, Section 319, 397, 401 -- Charge framed against 15 on police report - Subsequent addition of 5 others - Trial Court satisfied on basis of oral and documentary evidence as to involvement of those 5 others and taking cognizance against them - Order of Magistrate well reasoned - If two views are possible at stage of taking cognizance, one..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Prayer for grant of maintenance from date of application - Non grant of such prayer or part of such prayer - It is obligatory on the part of Court to assign reasons as to why maintenance though prayed for from date of application is not granted from that date - Non assignment of reasons amounts to..........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Summoning orders - Petition for quashing - Summoning orders revisable u/S.397 & 401 Cr.P.C. - When there is specific provision in the Code, then a petition u/S.482 is not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397, 245 -- Summoning order - Quashing of - Petition u/S.482 Cr.P.C held not maintainable due to following reasons: (i) Impugned order revisable u/S.397 Cr.P.C. - Once there is a specific provision under the Code, the petition u/S.482 Cr.P.C. not maintainable; and (ii) Application u/S.245 Cr.P.C. for dropping has still not been..........
Criminal Procedure Code, 1973, Section 482, 397 -- Petition u/s 482 Cr.P.C. is not maintainable when there is a specific provision for revision...........
Criminal Procedure Code, 1973, Section 482, 397 -- Recall of summoning order - Sub Divisional Judicial Magistrate dismissing the application - Impugned order revisable u/S.397 Cr.P.C. - Held that when there is specific provision under Cr.P.C. application u/s 482 Cr.P.C. not maintainable - Petitioners may file a revision before the Sessions Judge...........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Inherent power - Order passed by Sessions Judge and also by the Sub Divisional Judicial Magistrate revisable order - The same not challenged by filing revision but petitioner under Section 482 filed after a period of five years - Held that when there is specific provision under the Cr.P.C. i.e. Ss.397 and 401 under..........
Criminal Procedure Code, 1973, Section 397 -- Recall of order - Magistrate can recall its own order if it was absolutely unwarranted by provisions of Cr.P.C...........
Criminal Procedure Code, 1973, Section 397 -- Conviction - Revision against - Some brief indication by which application of mind may be traceable to affirm an order is certainly required...........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Summoning order - Quashing of - Order revisable u/Ss.397 & 401 Cr.P.C. - When there is a specific provision under the Code, petition u/S.482 Cr.P.C. held not maintainable...........
