Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation levelled against each other can be adjudicated only after evidence - Truthfulness of allegations cannot be considered in proceeding u/s 482 Cr.P.C before High Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adjudication of questions of facts and appreciation of evidence or examining reliability and credibility of version, does not fall within arena of jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of no, bailable warrant - Offence u/ss 323, 504, 506 IPC - Allegations that complainant was abused and given beatings by accused and co-accused over issue of property and that his wrist watch and Rs.1,200 was snatched from him - Accused and co-accused threatened to kill..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
Criminal Procedure Code, 1973, Section 311, 303 -- Re cross-examination of PWs - As accused was not represented by a Counsel as such Court appointed Legal Aid Counsel - Witnesses cross examined by said counsel - However, there is absence of any power of attorney executed by accused endorsing appointment of said counsel - Having recourse to S.303 Cr.P.C. petitioner given..........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Accused cannot invoke jurisdiction u/s 245(2) Cr.P.C, unless he appears or is brought before Magistrate - To reach the stage of S.245 Cr.P.C, it is necessary that trial must begin in view of S.244 Cr.P.C, when accused appears or is brought before Magistrate...........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Mere pendency of civil litigation between parties cannot be a ground to discharge accused...........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 447 -- Bail - Offence u/s 447 of Companies Act - Bail granted to accused without considering twin mandatory conditions for grant of bail laid down u/s 216(6)(ii) of Companies Act and no, application of mind on part of Court even u/s 439 Cr.P.C - High Court ought not to have been influenced..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of natural justice and a procedural..........
