Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Power of re-investigation is not available to Magistrate and can be exercised only by a superior Court...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Not permissible that too at behest of a new authority without there being anything on record to have suggested that there is a valid ground for re-investigation...........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 419, 471, 120B -- Quashing of FIR - Cheating - Contents of FIR prima facie constitute cognizable offence - Other alleged grounds for quashing FIR can only be disclosed after due investigation - Investigation is in domain of Investigating Agency and Courts are not supposed to interfere in..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Maintainability - Victim is not disabled - Informant who is father of victim cannot maintain appeal - Appeal dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Educated wife - Mere fact that wife is more educated than husband and as such she is able to maintain herself as she can fetch her livelihood on her own would not by itself make a person self sustained by only having ability to earn her livelihood...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified and working in a private company is not in dispute - No evidence on record that wife has ample means to maintain herself - Though wife is educated but no evidence on record that she was having an employment - Maintenance rightly granted to wife...........
