Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Appellant is fully aware of names and addresses of proposed accused persons and he is also having entire relevant evidence pertaining to alleged incident - It is not a case which requires investigation by police - Magistrate committed no mistake in treating..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Husband alleged that he had divorced his wife by pronouncing triple talaq in the presence of one witness in one sitting - However, neither triple talaq is valid form of divorce nor husband had paid single money to his wife during her iddat period - Further husband admitted that he has not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Adulterous wife - Husband neither filed any complaint against the wife's alleged lover nor produce any evidence to show wife is presently living with her lover - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - First marriage - Quantum of maintenance - Husband works as a laborer and has 4 dependents including his first wife & her son `D' - Further, family court had already imposed maintenance of 4,000 per month toward `D' - Wife is entitled to maintenance of Rs.2,000 per month from date of filing of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Dishonour of cheque - Re-examination of witness - Witness having no personal interest in dispute and in no manner directly or indirectly connected with dispute except as an official representative - If petitioner apprehends any..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation - S.173(8) Cr.P.C operates only after the final report is produced before the court - From the stage of registration of FIR up to the stage of filing of final report before the court, it is the domain of the Investigation Agency to investigate a matter in accordance with law without any judicial interference...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
