Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, 12 -- Stay of conviction - Corruption case - Courts should refrain from staying conviction of public servants who have been convicted on charges of corruption in view of K.C Sareen case...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Admittedly, the marriage between accused 1 and complainant was a love marriage - Further no allegation in complaint shows that either Accused 1 or Accused 2 and 3 subjected..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - Allegation that accused 2 and 3 were sending accused 1 away from India - However, not a single allegation in complaint showed that accused 2 and 3 subjected complainant to cruelty..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
Criminal Procedure Code, 1973, Section 222 -- Minor offence - S.222 Cr.P.C. empowers Court to convict a person for minor offences even if he is not initially charged under them...........
Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Report of a voluntary narco-analysis test with adequate safeguards as well in place or information found as a result thereof, cannot form sole basis of conviction of accused...........
Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Accused has a right to voluntarily undergo a narco-analysis test at an appropriate stage - Appropriate stage for such a test to be conducted is when accused is exercising his right to lead evidence in a trial - However, there is no indefeasible right with accused to undergo a narco analysis test...........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Investigation - SHO of police station has no authority to investigate non-cognizable offence and file final report or charge sheet unless Magistrate permits him for such investigation...........
