Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Ought not to be entertained, more so, when case diary and status report clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 432, 433 -- Remission - District Magistrate of all districts in State of U.P shall reevaluate cases for remission after 14 years of incarceration as per mandate of Ss.432, 433 Cr.P.C even if appeals are pending in High Court...........
Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Waiving of a statutory right is opposed to public policy u/s 23 of Contract Act - An agreement having that impact is void in eyes of law and will not act as estoppel - Wife is entitled to get monthly maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Right envisaged u/s 125 Cr.P.C being a statutory right, cannot be waived or relinquished by party entitled for that or made to waive or relinquish by a party obliged to pay that by executing an agreement...........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Not to be entertained, particularly when case diary and status report, clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in illegal mining - No confiscation order has been passed till date for illegal mining - Imposition of fine or penalty would be on owner and not on vehicle - Vehicle ordered to be released as per conditions laid down in Asharam's case...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 332, 353 -- Quashing of FIR - Offence u/ss 332, 353 IPC - Scuffle took place between parties at the spur of moment - Compromise arrived at between parties - FIR quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 41A, 41(1)(b)(ii) -- Offence u/s 498-A IPC - There is to be no automatic arrest - Police Officers to satisfy themselves about the necessity for arrest under the parameters flowing from S.41-A Cr.P.C. - Police Officers to forward the check list, to be provided to them, duly filled and furnish the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Time barred debt - Quashing of summoning order - Whether transaction is time barred or not has to be considered only after trial not at preliminary stage or at the time of taking cognizance - Petition for quashing held, dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Issue involved between parties needs full fledged trial - Grounds urged before Court by accused can be raised before trial Court during course of trial and sitting u/s 482 Cr.P.C, Court cannot quash the same - Moreover, Magistrate..........
