Criminal Procedure Code, 1973, Section 195(1)(b) -- False charge of offence u/s 211 IPC levelled before a public servant - Restriction contained in S.195(1)(b) Cr.P.C. has no application whatsoever...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67A -- Bail - Rape - Delay in lodging FIR unexplained - No threats ever extended to prosecutrix by accused as contended by prosecutrix - CCTV cameras footage confirm that accused was at his college in Punjab and not present on the spot as alleged..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant (NBW) - Power of Magistrate - Magistrate or Court below High Court are not powerless to issue a warrant at the stage of investigation - Undoubtedly on issuing such warrant, production of accused would be before Court and not before I.O and on such production Court shall deal with person in accordance with..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea as to issuance of cheque as security cheque - Not tenable at this stage, as same will be adjudicated after parties lead evidence - Petition dismissed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 109, 420, 201, 120B, 417, 467, 468, 477A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)(d) -- Sanction for prosecution - Offence u/ss 109, 420, 201, 120-B, 417, 467, 468, 477-A IPC and Ss.13(1)(d), 13(2)(d) of P.C Act - Prosecution failed to take sanction to prosecute applicant prior..........
Criminal Procedure Code, 1973, Section 125 -- Right of handicap child to claim maintenance - Mere fact that the child's mother in agreement between herself and her husband had undertaken the responsibility of maintaining the child would not preclude the child from claiming maintenance against father...........
Criminal Procedure Code, 1973, Section 125 -- Right of handicap child to claim maintenance - Question arise as to whether mother subsequent to an agreement with husband can claim maintenance for her child - Held, be it father or mother, they cannot settle claim for minor/handicap child with respect to his maintenance - More so, agreement could not bind the child and he can..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - To up bring the child is responsibility of both the parents - Court cannot ignore this fact while awarding maintenance to child specially where mother is an earning woman...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order summoning additional accused not sustainable when by the same order original accused is acquitted...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Negative report u/s 173(8) Cr.P.C. - When positive report u/s 173(2) Cr.P.C. is followed by negative report u/s 173(8) Cr.P.C. and cognizance is taken upon former report, Magistrate shall proceed with case ignoring latter report - But supplementary report and papers connected therewith shall form part..........
