Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Mere fact that application u/s 216 Cr.P.C. has been preferred by complainant does not by itself, render it non-maintainable...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Complainant cannot claim as a matter of right to seek alternation of charges before Court - However, if such an application is filed by complainant, Court can consider it on its own merits..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of proceedings - Plea of false implication - FIR and material on record revealed commission of offence u/s 307 IPC and intention to kill informant - Even, at stage of summoning it cannot be ascertained who fired with firearm in group of 16 persons - Proceedings..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Pretrial stage - Power u/s 482 Cr.P.C. should not be used in routine manner at pretrial stage - It has to be used sparingly only in appropriate cases where it manifestly appears that there is legal bar against institution or continuance of proceedings or where allegations made in FIR..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at pre-trial stage...........
Protection of Women From Domestic Violence Act, 2005, Section 31, 33, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Complaint u/Ss. 31,33 of DV Act - Applicability of S.468 Cr.P.C. - S.468 only applies to complaint u/Ss. 31, 33 of DV Act and does not apply to any other application under DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Application u/Ss. 12, 23 of DV Act - Applicability of S.468 Cr.P.C - Bar of limitation provided u/s 468 Cr.P.C does not apply to complaint/application u/Ss. 12, 13 of DV Act...........
Criminal Procedure Code, 1973, Section 105, 397 -- Service of summons - Sending notice to opposite party/de-facto complainant u/s 105 Cr.P.C., residing outside the territory of India in each and every revision application, not mandated...........
