Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34 -- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR about the same occurrence between same persons and with similarity of scope of investigation cannot be registered, if same is not in nature of counter case - Only the earliest or first information with regard to commission of a cognizable offence would satisfy requirement of S.154..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Two cases filed in respect of recovery of same loaded pistol - Police in investigation of earlier FIR had already concluded that accused had been falsely booked for possession of illegal loaded pistol - There was no occasion for police to register a fresh first information report and start a de..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence u/s 406 IPC - Matter is of a civil nature involving question of accounting, which can be decided by evidence of parties - Magistrate mechanically summoned applicant without appreciating procedure of law - Dragging matter before criminal Court is nothing but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is maintainable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of proceedings - Kidnapping - Parties are married for past 8 years and blessed with four children - Informant accepted the said marriage and does not wish to prosecute the case founded on FIR lodged by her - Looking to stand taken by informant, permitting prosecution to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Criminal and civil proceedings are two different and separate independent remedies - Filling of FIR and even proceedings u/s 138 of N.I.Act, 1881 do not debar a person to avail civil remedy to recover the outstanding amount...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband that marriage is not legally valid - Allegation against wife that she married twice and she has not obtained divorce from her earlier husbands not proved, as no evidence adduced by husband to substantiate the same - Husband also contended that respondent no.2 is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband regarding his income - However, Court below has ordered maintenance @ Rs.10,000 and Rs.5000 p.m respectively to wife and child - Notional income of petitioner was not calculated - Maintenance to wife reduced from Rs.10,000 to Rs.8000 - Rest of order stands..........
