Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Not covered under the term `offence' - S.468 Cr.P.C. is not application to such an application...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Hearing of accused - At the stage of issuance of process accused cannot claim any right of hearing - Unless and until process is issued against accused, it cannot be said that accused has got a right of hearing...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Case referred to police for enquiry - Magistrate has no jurisdiction to issue notice to accused...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Court ordered further enquiry u/s 202 Cr.P.C, which shows that Court has not yet made up mind to issue process against accused - Sanction can be insisted only at the time of issuing process against accused - Proceeding not bad for want of sanction u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant - Non co-operation in investigation and not answering the questions put by I.O. appropriately - Not a ground per se for issuance of non bailable warrants as every accused is entitled to right to silence to prevent self incrimination in terms of Art. 20(3) of Constitution of India - Order issuing non bailable..........
Criminal Procedure Code, 1973, Section 82(4), Indian Penal Code, 1860, Section 406, 420, 120B -- Proclaimed Offender - Accused charged u/ss 406, 420, 120-B IPC cannot be declared as proclaimed offender u/s 82(4) Cr.P.C, as said offences do not fall within ambit of S.82(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - No finding that complainant was not pursuing complaint honestly and diligently and there is no reference to previous history with regard to conduct of complainant causing unnecessary delay on account of adjournments sought..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Maintenance allowance granted in previous proceeding is permissible in a subsequent proceeding filed even under different statue but substantially for same relief -..........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
