Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 156(3) -- Offence u/s 494 IPC - It is a non cognizable offence - Magistrate cannot direct investigation u/s 156(3) Cr.P.C. - Cognizance of offence u/s 494 IPC can only be taken on complaint made by person aggrieved...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Bigamy - Territorial jurisdiction - Court within whose jurisdiction second marriage took place has jurisdiction...........
Criminal Procedure Code, 1973, Section 178, Indian Penal Code, 1860, Section 498A, 494, 406 -- Cruelty - Territorial jurisdiction - Allegations in complaint as well as in evidence adduced before charge on behalf of complainant clearly speak that accused Nos.1 and 3 i.e. husband and mother-i, law of complainant came to `D' i.e. parent's place of complainant where she was..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 494 IPC - Complaint not filed by girl but by her father on her behalf - Initiation of prosecution on such complaint not proper - Magistrate not justified in taking cognizance of same - Prosecution quashed...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 2(d), 198(1) -- Bigamy - Complaint has to be filed by aggrieved person - Cognizance cannot be taken on basis of police report - For offence of bigamy first wife would be the aggrieved person...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 482 -- Bigamy - Quashing of chargesheet - No prima facie evidence as to second marriage - No witness on record to say that second marriage was performed in their presence - Complaint quashed...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198(1) -- Bigamy - Complaint - Son is a person aggrieved - Can file complaint in his individual capacity - Can also file complaint on behalf of his mother - Written authorisation of mother to file complaint is not necessary - It is also not necessary for son to mention in complaint that he is..........
Indian Penal Code, 1860, Section 494, 494, 109, Criminal Procedure Code, 1973, Section 379, 401, 200, 202 -- Second marriage during subsistence of first marriage - Parents of second wife well informed in advance that accused was already married and his marriage was subsisting - In the facts it is reasonable ground to believe that second wife and her parents were well aware..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 482 -- Second marriage by wife - Complaint can be filed by husband only - Cognizance taken on complaint filed by mother-in-law, quashed being without any jurisdiction...........
Criminal Procedure Code, 1973, Section 169, 173, Indian Penal Code, 1860, Section 494 -- FIR u/s 494 IPC - Accused found innocent by police in investigation and submitted cancellation report - Report of police submitted u/ss 169 or 173 Cr.P.C. is not the final word - Magistrate can proceed on his own by recording preliminary evidence and then issue the process against the..........
