Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Principle of double jeopardy is attracted where a person is either convicted or acquitted previously and that too for the same offence - Dismissal of complaint or discharge is not acquittal for the purpose of S.300 Cr.P.C...........
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Application u/s 391 Cr.P.C cannot be decided without entering into merits and demerits of appeal - Before opening of an appeal for final hearing, application for additional evidence would be pre-mature exercise and it would unnecessarily prejudice rights of parties - If appellate Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Presumption of innocence which is attached to every accused person gets strengthened when such accused is acquitted by trial Court and High Court should not lightly interfere with decision of trial Court which has recorded evidence and observed demeanour of witnesses...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Court at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, depending on factual situation, also has jurisdiction to entertain complaint u/s 498-A IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried major daughter - An unmarried daughter, who attains majority and is unable to maintain herself because of her illiteracy, unemployment or being a student, cannot be denied maintenance by her father merely because reason to maintain herself is not related to physical or mental abnormality...........
