Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Magistrate has passed an order on requisition submitted by SHO of Police Station by writing the words as I.O. is directed to conduct investigation - Said endorsement on requisition submitted by Police Officer is not a judicious order having applied its mind and there is no application of..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Trial Court i.e., being a Court of Sessions was entitled to entertain an application u/s 439(2) CrPC (now S.483(3) BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it, notwithstanding the fact that..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while adjudicating application seeking to quash proceedings is to see whether prima facie an offence is made out or not - It is not to examine whether charges may hold up in Court...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Income of father is many times higher than income of mother - Responsibility of a parent to maintain his minor child is unqualified and without any exception - Child is thus, entitled to seek maintenance from his father according to his need, his educational qualification and personal needs commensurate to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife had shown sufficient reason to live separately from her husband, as husband physically harassed wife and drove her out of matrimonial house along with child - Maintenance rightly granted to wife by Magistrate...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
