Criminal Procedure Code, 1973, Section 125(3), 128 -- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom warrant is issued fails..........
Criminal Procedure Code, 1973, Section 145 -- Complaint u/s 145 Cr.P.C. - Cognizance - Before taking cognizance Magistrate has to pass a preliminary order u/s 145(1) Cr.P.C. - If no such preliminary order is passed the defect can be cured within two months from the date of appearance of the parties before proceeding further - If no such order is passed proceedings are..........
Criminal Procedure Code, 1973, Section 145 -- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very initial stage, if there is..........
Criminal Procedure Code, 1973, Section 146(1) -- Attachment of property - When one of the parties is in possession, rightly or wrongly, Magistrate cannot pass an order of attachment on the ground of emergency...........
Criminal Procedure Code, 1973, Section 146 -- Attachment - Order can be passed in case of emergency or when Magistrate decides that none of the parties was in such possession, or he cannot decide as to which of them was in possession...........
Criminal Procedure Code, 1973, Section 145, 146 -- The two provisions of Ss.145 and 146 has to be read conjointly - If after enquiry u/s 145 of the Code, Magistrate is of the opinion that none of the parties was in actual possession of the subject of dispute at the time of the order passed u/s 145(1) or is unable to decide which of the parties was in such possession, he..........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment - Can only be when there is emergency - Emergency has to be distinguished from a mere case of apprehension of peace - Magistrate before passing an order u/s 146 must explain the circumstances why he thinks it to be a case of emergency - In other words, to infer a situation of emergency, there must be a material..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 429, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Bail - FIR registered in pursuance of order of S.P. on application made by informant regarding incident dated 26.4.2012 - Held, such inordinate delay in lodging FIR entitles the..........
Criminal Procedure Code, 1973, Section 173, 156 -- Further investigation and fresh investigation - Power of Magistrate - Held, Magistrate has no jurisdiction to direct `fresh' or `de novo' investigation - It is only upon the orders of higher Courts empowered to pass such orders that aforesaid investigation can be conducted, in which event higher Courts will have to pass a..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Magistrate in considering discharge application taken into account documents produced by accused - Held, at the time of framing charge or taking cognizance accused has no right to produce any material - Impugned order suffered material irregularity and illegality - Magistrate directed to decide..........
