Criminal Procedure Code, 1973, Section 378 -- Issue of jurisdiction involved - Inspite of that Court gave a finding on merits - Such finding cannot be treated as res judicata as it was purely auxiliary or non foundational to the main issue in the earlier order...........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
Indian Penal Code, 1860, Section 279, 337, 304A, 114, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent act - Death of 5 years old girl - Quashing of FIR - Mere fact that accused being father of deceased permitted his daughter to take her head out through the sun roof of car and her throat got slit by a string used for flying kite, by itself is not..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Anticipatory bail - Disproportionate assets - Plea of political vendetta - Allegations against petitioner are serious in nature - Petitioner allegedly misused his official position while holding a senior post under Punjab police so as to create vast assets both..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 406 IPC - Limitation - Offence u/ss 498-A, 406 IPC carry a maximum sentence of 3 years - Starting point of limitation for such offences begins from the last act of cruelty alleged to have been committed by husband or his relatives on the wife...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - There is no distinction between a victim in the case instituted upon a complaint and a victim in a State prosecution...........
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114 -- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Right to prefer an appeal conferred upon victim or relatives of victim by virtue of S.372 Proviso Cr.P.C. is an independent statutory right...........
