Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
Criminal Procedure Code, 1973, Section 164 -- Statement of a witness u/s 164 Cr.P.C - Can be recorded more than once...........
Criminal Procedure Code, 1973, Section 164 -- Re-recording of statement of victim u/s 164 Cr.P.C - Earlier statement alleged to be made under coercion and not voluntary in nature - Direction issued to respondent No.1 to consider desirability of re-recording of statement of victim u/s 164 Cr.P.C...........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Seized vehicle has remained in police custody over a year exposed to relentless forces of nature resulting in its gradual deterioration and inevitable depreciation - Release of vehicle emerges as the most judicious course of action - Keeping vehicle immobilized for an..........
Indian Penal Code, 1860, Section 498A, 420, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Cheating - Quashing of FIR - Allegation against maternal uncle of husband - All allegations primarily levelled against husband and his parents - Petitioner arrayed as accused only because he was nominated by other accused persons for handing over jewellery/articles of wife,..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Wife who chooses to live separately without sufficient reason and there is no evidence of ill-treatment by husband, is disentitled to maintenance u/s 125(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Right of wife to be maintained by husband stems from the corresponding obligation to perform marital duty - However, right of wife to claim maintenance from her husband, who has sufficient means, is not absolute...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Right of wife to claim maintenance from her husband, who has sufficient means is not absolute - It is subject to S.125(4) Cr.P.C (S.144(4) BNSS)...........
