Criminal Procedure Code, 1973, Section 468(2), 482 -- Quashing of proceedings - Investigation not completed within limitation period - Occurrence took place on 3.11.2020 and FIR was registered on 4.11.2020 - Case of petitioners to invoke S.468(2)(c) Cr.P.C. is misconceived one, as language used in said section is that `no Courts shall take cognizance of offence' -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact and probable defence of petitioner can only be adjudicated after parties duly adduce their evidence as same cannot be appreciated at the stage of deciding an application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obliged to make a just and equitable choice and cannot go beyond its ambit to evaluate the truthfulness of allegations or veracity of defence, however convincing it might seem...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Neither complainant nor his counsel appeared before trial Court on six consecutive dates - Repeated absence of complainant, failure to avail statutory remedy and unexplained delay together do not present a case of procedural..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Revision not maintainable against an order of acquittal in a complaint case - Proper remedy is to file appeal u/s 378(4) Cr.P.C subject to grant of special leave by High Court - Revision petition rightly dismissed being not..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9(m), 10, 11(iii), 12 -- Bail - Sexual assault - Allegation made in FIR and from statement of survivor herself shows that allegations are serious in nature - Case against accused persons is under trial - There are 7 PWs to be examined - Survivor being one of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Employed wife - Wife's employment does not automatically disqualify her from getting interim maintenance - Maintenance awarded to wife is not a bounty and therefore, unless it is established before Family Court with cogent evidence that wife has sufficient income to maintain herself, prayer for interim..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Provision enables Court to summon additional persons as accused based on material emerging from evidence recorded...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even a single witness, if found reliable, can form the basis for summoning u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
