Criminal Procedure Code, 1973, Section 199 -- Prosecution for defamation - Complaint u/s 199 Cr.P.C is required to be filed in a Court of Sessions that alone is vested with jurisdiction to hear and try alleged offence and even without case being committed to said Court by a subordinate Court - S.199(2) Cr.P.C. r/w S.199(4) Cr.P.C. therefore, envisages a departure from..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
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 195 -- Bar u/s 195 Cr.P.C - Cognizance of offence - Offence u/ss 188, 34 IPC - Compliant filed by Enforcement Officer being Government servant is valid, as Government Official on duty has every right to file a complaint if he finds any order of Court, Tribunal or District Administration is violated...........
Indian Penal Code, 1860, Section 420, 468, 471 -- Complaint u/ss 420, 468, 471 IPC - Civil and criminal proceedings - When there is civil suit for recovery of money, it cannot be said that there cannot be complaint case...........
Criminal Procedure Code, 1973, Section 401, 482 -- Summoning of accused by revisionary Court - Offence u/ss 342, 500, 120-B IPC - There is no dispute that complaint filed by complainant was dismissed by Magistrate and complainant challenged the said order before revisionary Court - However, there is no evidence on record that revisionary Court while setting aside order of..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Not to be quashed when (i) Second FIR was not filed by the same person who had filed the first FIR; (ii) It was filed by appellant as a counter complaint against respondent No.3; (iii) First FIR was against five persons based on one set of allegations whereas second FIR was based on allegations different from..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Written complaint not scribed by PW1 and in cross examination she failed to name the person who wrote it - FIR is not a substantive piece of evidence and it can be used only for the purpose of corroboration or for contradiction - Such anomaly will not affect prosecution case if it is otherwise established through evidence..........
