Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded in proceedings u/s 125 Cr.P.C are not final and parties are always at liberty to agitate their rights in Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife has no source of income of her own - She is thus, unable to maintain herself - Wife is living at her parental house due to continuous harassment and demand of dowry by husband and his family members - Maintenance allowance of Rs.10,000 to wife and Rs.5,000 to son rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not a pre-condition for grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Long cohabitation of 15 years between parties living together as man and woman, even without performance of essential rituals of marriage, would give rise to a presumption that applicant was living with husband as wife - Presumption of cohabitation as husband and wife is also not rebutted by his subsequent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 149, 120B -- Quashing of FIR - Cheating - Prima facie from documents available on record and from perusal of FIR, petitioners have committed alleged crime - Therefore, at this preliminary stage, it cannot be said that FIR is liable to be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354D, 506, 509, 34, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Quashing of FIR - Compromise - FIR cannot be quashed on the ground that victim after attaining majority has decided to compromise matter with accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither chief examination nor cross examination of witnesses recorded - Summoning of additional accused only on the basis of putting two questions to the witnesses - Summoning of additional accused only on the basis of oral submission of witnesses - Not permissible - Order is totally based on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
