Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Appreciation of evidence is generally not made in revision - Evidence can be appreciated if it is shown that material evidence has been ignored, irrelevant material is considered or there is some perversity in finding...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8), Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - S.125(3) Cr.P.C is in pari material of S.5(8) of 2007 Act - Only difference is that period of filing application seeking enforcement in case of S.125(3) Cr.P.C is one year, whereas under 2007 Act, period prescribed is 3 months...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11, Criminal Procedure Code, 1973, Section 421 -- Enforcement of maintenance order - Warrant for levy of fine - Despite execution of warrant issued on application that is to be filed within 3 months of amount becoming due, if amount is not paid, law contemplates a breach for non-payment of each..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 384, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Offence u/ss 354, 354-A, 384, 120-B IPC and S.8 of POCSO Act - Victim was 13 years old at the time of incident and she herself registered the FIR at the age of 16 - Accused including..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 340, 351, 506, 34 -- Quashing of complaint - Offence u/ss 340, 351, 506, 34 IPC - General allegations made in complaint that complainant was wrongfully restrained - Place of occurrence was very close to property of accused - Even if accused was present at the spot, he cannot be faulted since he..........
Criminal Procedure Code, 1973, Section 82, 482 -- Proclaimed offender - Mandatory provisions of S.82 of the Code not complied with - Impugned order and proceedings subsequent thereto quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner is 24 years old and he is a permanent resident of District concerned and neither in a position to flee from justice nor in a position to tamper with prosecution evidence -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A, 34 -- Bail - Abetment of suicide - Role of accused/husband as perpetrator of incident is quite obscure - Allegations against accused or his acts as demonstrated by prosecution are not sufficient to implicate him u/ss 306, 498-A IPC - Prosecution specifically alleged that few days prior..........
Indian Penal Code, 1860, Section 376, 406, 506, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Relationship interse parties from 2014 till application was given in the year 2019 - Parties also travelled out of station to various places - Accused already undergone 5 months and 10 days imprisonment as per custody certificate and it is not a case where..........
