Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) - To seek remedy u/s 156(3) Cr.P.C. complainant must exhaust his remedies u/s 154(1) and (3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 154(3) -- S.154(3) Cr.P.C. comes into picture only when after a complaint is submitted to the Officer Incharge of Police Station or information is provided to the Officer Incharge of Police Station regarding commission of a cognizable offence, the Officer Incharge refuses or neglects to register First Information Report...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Documents which are part of charge sheet even after they have been supplied to accused might get lost, accused can still ask for certified copy/attested copy of the same at his own expense - Non-supply of a copy of such documents will deprive accused of a meaningful opportunity to put..........
Criminal Procedure Code, 1973, Section 207 -- Supply of cloned copy of hard disk to accused - Hard disk is an `electronic record', a cloned copy of which can be provided to accused persons...........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - Offence u/s 498-A IPC is not a lesser offence in relation to S.306 - Unless specific acts constituting both abetment and cruelty explicitly set out in the charge u/s 306 IPC, a conviction u/s 498-A IPC cannot be sustained in the absence..........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - In exceptional cases, conviction u/s 498-A IPC may still be valid even if there is no separate charge, provided that charge u/s 306 IPC is framed in a manner that comprehensively includes all incriminating acts failing under S.498-A IPC...........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad dismissed - Issuance of lookout circular - Quashing of order - Petitioner has been granted interim protection from arrest - Case is related to matrimonial dispute - Investigation can still take some time to complete and thereafter trial shall also take considerable time which may stretch..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Once a relationship of marriage is found to be admitted and not dissolved by any competent Court of law, husband being an abled body person and working in a Government employment is statutorily required to maintain his wife and children, even when there is a dissention between the parties...........
