Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- Delay in lodging FIR - Rape case - Long silence regarding alleged occurrence of prosecutrix and her husband both of whom were well educated creates doubt regarding prosecution story, particularly when explanation put forth by prosecution regarding delay in lodging FIR are not appealing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An agreement entered into by a wife waiving or abandoning statutory right to claim maintenance from husband, is opposed to public policy and void and hence unenforceable and it does not preclude her from claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 406, 498A, 506, 120B -- Quashing of FIR - Compromise - Offence u/ss 323, 406, 498-A, 506, 120-B IPC - Parties entered into compromise after conviction of accused - Compromise not only brings peace and harmony between parties to a dispute, but also restores tranquility in society - It is thus,..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Power u/s 216 Cr.P.C is exclusively confined with Court as an enabling provision with purpose of alteration or addition of any charge at any time before pronouncement of judgment - No party neither de facto complainant nor accused or for that matter prosecution has any vested right to seek any addition or..........
Criminal Procedure Code, 1973, Section 482, Copyright Act, 1957, Section 63, Indian Penal Code, 1860, Section 479, 481, 482, 483 -- Quashing of chargesheet - Infringement of copyright - Petitioner allegedly continued using registered logo and shared it with another company post expiry of agreement - FIR clearly making out case u/s 63 of the Act - In instant case since..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Applicants were named in FIR, however, they were not shown as accused in charge sheet - PW1, has specifically named applicants and specific role has been attributed to them - Statement of PW1 before Court can be said to be evidence during trial - Consequently on basis of said evidence..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Default bail - Recovery of 211 grams heroin - Report u/s 173(2) Cr.P.C was filed by police before expiry of period of 60 days without CFSL report, which cannot be said to be incomplete - Accused not entitled to bail u/s 167(2) Cr.P.C on the ground of filing of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Defence as raised by petitioners requires evidence, which cannot be appreciated, evaluated or adjudged in proceedings u/s 482 Cr.P.C and same can be proved in Court of law...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Second revision petition - Concurrent findings of two Courts below cannot be interfered u/s 482 Cr.P.C in absence of any perversity and petitioners cannot be allowed to initiate a second revision petition in the garb of S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement or alteration of maintenance award - Application can be filed where wife resides and law does not mandate that same has to be preferred where original order of maintenance was passed...........
