Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 6, 23 -- Bail - Pre-natal sex determination and abortion of female fetuses - Allegations in FIR and charge sheet as well as disclosure statements made by petitioner and co-accused u/s 27 of Evidence Act, reveal prima facie, petitioner had a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 920 tablets of Tramadol, Dicyclomine & chlorpheniramine Malete Capsules - Accused is named as an accused in the case solely on basis of disclosure statements of co-accused - He is in custody since Sep 2020 - No other case of similar nature is..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27, 37 -- Bail - Contraband - Accused charged with offences u/ss 21, 21(c), 27(a) 27(b) and 29 of the Act - However, prima facie offence is made only be u/s 27 of NDPS Act, being the offence of consuming drugs at parties for which maximum sentence for consumption of..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - S.173(8) Cr.P.C does not prevent Writ Court to transfer investigation to CBI, if Court deems it appropriate to do so in fit circumstances...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Offence u/ss 304, 34 IPC - Elaborate and meticulous investigation with the help of forensic experts not done in the case - There are several loopholes in the manner of collecting vital evidence in the case - No material taken for ascertaining cause of death - Deceased..........
Criminal Procedure Code, 1973, Section 133(1) -- Public nuisance - SDM omitted to pass a conditional order of removal of nuisance u/s 133(1) Cr.P.C and without passing a preliminary order, directly proceed to enquire into the matter and passed final order directing removal of nuisance - There is thus, non-compliance of S.133 Cr.P.C - Impugned order set aside - Matter..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter and divorced wife - Husband earning Rs.62,400 p.m - Mere fact that Rs.15,000 deducted to GPF and Rs.10,000 deducted to recovery of loan from salary of husband, he cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on the ground of inadequacy of carry home pay,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter and divorced wife - Husband failed to produce any documentary proof in support of his claim that his wife has adequate income and she is quite able to maintain herself - He remarried after taking divorce from wife and his divorced wife on the other hand is struggling with the daughter for survival -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Striking off defence invoking jurisdiction U.O.6.R.16 CPC or u/s 151 CPC - Such power is available to Court exercising civil jurisdiction and it is alien to Criminal Courts...........
