Criminal Procedure Code, 1973, Section 190, 2(d), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Investigation of non cognizable offence and charge sheet filed of non cognizable offence - Charge sheet be treated as complaint - Order taking cognizance set aside - Trial Court to proceed in the case as a complaint case...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 3(1)(vii) -- Anticipatory bail - Offence u/ss 3(1)(x), 3(1)(vii) SC & ST Act - Petitioner is working as subordinate to complainant and had given a complaint regarding sexual harassment on which inquiry has been ordered - Even, as per..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 362 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - When Magistrate in a summons case, dismisses complaint and acquits accused due to absence of complainant on date of hearing, it becomes final and it cannot be restored in view of S.362..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant was contesting its case with due diligence and in fact trial was almost complete, as case was at final stage - Magistrate was not justified in dismissing complaint in default for..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave matrimonial home on account of dowry demands and physical assault - Testimony of wife was supported by her complaint to CAW cell which was proved on record - She has no source of income and does not possess any movable and immovable property - Mere fact that wife having qualified..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police investigation in respect of same offence - Procedure - It is mandatory for Magistrate to stay proceedings of enquiry or trial and call for a report on the matter from police officer conducting investigation...........
Criminal Procedure Code, 1973, Section 210 -- FIR and complaint in same offence - Summoning of petitioners - Allegations against petitioners are verbatim the same both in FIR and in complaint - Complainant when filed complaint before Magistrate there is no reference to FIR in body of complaint except one person is cited as a witness to place on record said FIR - Even,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376D, 506 -- Quashing of proceedings - Rape case - Prima facie case against accused is made out from perusal of allegations made in complaint and statement of complainant u/s 200 Cr.P.C and his witnesses u/s 202 Cr.P.C - Allegations levelled against accused can be adjudicated only after trial and..........
