Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second complaint - Offence u/ss 499, 500 IPC - First complaint dismissed being barred by S.499 Fourth exception IPC - Revision filed thereagainst was withdrawn - This order cannot be construed to have permitted appellant to file a second complaint on identical set of facts - Second complaint rightly quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Criminal Procedure Code, 1973, Section 439, 438 -- Application to treat anticipatory bail granted by Court as a regular bail - Anticipatory bail granted by Court which extends till conclusion of trial - Impugned order of rejecting application without giving any reason is perverse and liable to be set aside - Matter remanded back to Court below for fresh decision...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 420, 467, 468, 471 -- Quashing of FIR - Cheating - Case required further investigation having regard to serious allegations that one of accused as abetted by others had managed fake certificate fraudulently and succeeded to manage job in Police Organization - FIR cannot be quashed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiff/temple is a denominated temple - Poojari of temple sought to be impleaded by plaintiff as he was acting against interest of temple - However, plaintiffs already filed a petition to examine proposed party as a witness on their side and said petition was allowed by..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 19 -- General Rules (Civil), 1957, R.89-A - Appeal - Dismissed in default - Appeal cannot be dismissed on merits in absence of appellant - Nothing on record to demonstrate that appellant or his counsel was present at the time of transfer of appeal or at the time of receiving appeal or at the time of hearing of appeal -..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - When contraband is recovered from body of accused who traveled in the vehicle, it cannot be hold that vehicle also has been used as conveyance so as to make same as a subject matter of confiscation - Vehicle released on interim custody on conditions...........
