Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Discretion entirely lies with complainant either to approach Magistrate or to approach Police - There is no bar to approach Magistrate with a criminal complaint instead of approaching Police even in cases where cognizable offences are disclosed from contents of criminal complaint...........
Criminal Procedure Code, 1973, Section 202 -- Investigation u/s 202 Cr.P.C - Where Magistrate is unable to decide whether or not there is sufficient ground for proceeding, he is required to direct investigation of a case in terms of S.202 Cr.P.C and postpone the issue of process against accused...........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to child - Order granting maintenance passed without there being any affidavit of disclosure of assets and liabilities on record - Nothing on record to show that requirement of filing such an affidavit was dispensed by trial Court - Order granting maintenance set aside - Matter remanded back to trial Court..........
Criminal Procedure Code, 1973, Section 30(1)(b), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 24(1)(b) -- Sentence of imprisonment in default of fine - If substantive sentence of imprisonment is not imposed, S.30(1)(b) Cr.P.C. or S.24(1)(b) BNSS do not restrict duration of default sentence that can be imposed - Restriction of one fourth of term of imprisonment..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Sentence of fine - Fine is a mode of punishment - Therefore, normally, when fine is imposed, first right upon fine is to State as it is a punishment for offence - While collecting fine a portion can also be given as compensation to victim...........
Criminal Procedure Code, 1973, Section 284, 285 -- Video conferencing - Recording of evidence - Witnesses are living in USA - Use of video conferencing for recording of evidence is no longer an exception but a recognized and judicially endorsed norm - Mere fact that respondents have alleged mala fide intent on part of petitioners based on pending criminal case and absence..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Where a matrimonial relationship has been dissolved by mutual consent and parties are eager to move ahead in their respective lives, refusal..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
