Indian Penal Code, 1860, Section 498, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498, 323, 504 IPC - FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against applicants - Final report was filed on the basis of compromise which indicates that articles, gold items and other goods belonging to dowry were..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
Criminal Procedure Code, 1973, Section 24 -- Duty of prosecutor - Prosecutor must examine all angles, collect all relevant evidence and produce the same before Court for determination of guilt or lack thereof...........
Criminal Procedure Code, 1973, Section 237 -- Recording of evidence in presence of accused - Presence of accused`s counsel during recording of statement is necessary...........
Criminal Procedure Code, 1973, Section 303 -- Change of accused counsel - Sufficient time should be provided to counsel to prepare case and conduct the same on behalf of his client - Adequacy of time depends on facts and circumstances of cases...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising power u/s 482 Cr.P.C, will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Right to maintenance u/s 125 Cr.P.C is not a benefit received by a wife but rather a legal and moral duty owed by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
