Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Eye witnesses have named respondents as persons present on the site of occurrence - Respondents will have all defences open to them before trial Court to put forth their version of innocence, including by way of resort to cross-examination - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.223) - Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of an offence punishable u/s 138 of N.I Act based on a complaint filed u/s 200 Cr.P.C (S.223 BNSS) - After a complaint is filed Magistrate is duty-bound..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest - Non compliance of mandate of S.50 of the Code - Arrest followed by consequential remand order set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488 -- Maintenance to two major unmarried daughters - Two unmarried daughters being of major age but suffering no physical/mental abnormality or injury rendering them unable to maintain themselves, not entitled to maintenance u/s 488 J & K Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Simply mentioning name or levelling vague allegations would not be sufficient to book any person u/s 319 Cr.P.C - Material brought on record must be scrutinized to some extent so as to make a firm opinion whether sufficient grounds are there or not to array a new person for joining the trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
