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..........
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...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Application u/s 12 of DV Act is not a complaint defined u/s 2(d) of Cr.P.C - Therefore, procedure for taking cognizance u/s 190(1)(a) Cr.P.C. and procedure set out in Chapter XV of Cr.P.C does not apply to application u/s 12 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...........
Criminal Procedure Code, 1973, Section 340 -- Prosecution of offences - Forgery and perjury - Jurisdiction - Review - "whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?" - The Provision explicitly provides that except for clerical and arithmetical error, no court shall alter or review its..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cognizance of offence - Once police report in shape of final report submitted by concerned I.O. has been rejected and protest petition preferred at the behest of victim has been allowed, scope available before Special Judge is only to treat the matter as Complaint Case and summoning of applicant might be..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
