Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code 482 - Premature release - Conviction under Section 302 IPC - Case of bride burning - Request for premature release refused on the basis of 1991 instructions - Petitioner convicted in 1987 - Instructions of 1985 were applicable at that time - Held that the settled law of the land is that the guidelines..........
Criminal Procedure Code, 1973, Section 321 -- Application of the state under Section 321 Cr.P.C. - Respondents acquitted of charge under Sections 420, 467, 468 and 471 IPC - No notice issued to the complainant - Held that if the complainant was not heard by the learned Magistrate before passing the impugned orders, the said orders are against the principles of natural..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Offence under Section 120B I.P.C read with Section 7 of the Prevention of Corruption Act, 1988 - The petitioner not directly or remotely connected with conspiracy - He never made demand of bribe either directly or through co-accused - Co-accused made a wrong representation to the complainant that he had..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement of amount - Order can be passed by the Magistrate from the date of filing of the application under Section 127, Cr.P.C...........
Criminal Procedure Code, 1973, Section 399, 482 -- Second revision - Under the garb of Section 482 - Not a blanket bar in filing a second revision under Section 399 Cr.P.C - Can be made by showing abuse of the process of law - Or to secure the ends of justice - Otherwise the second revision under the garb of Section 482, Cr.P.C. not legally maintainable...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Cognizance of offence - Complaint - Summoning order - Under sections 420/465/465/120B - Allegation that petitioners in conspiracy with each other and with other accused forged Will which was also produced in the court by the petitioners during the trial of civil suit - That document was not believed by the courts -..........
Criminal Procedure Code, 1973, Section 340 -- Application under section 340 can even be filed after the conclusion of the proceedings - There is no bar that such an application must be filed during the pendency of the proceedings...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Section 8, 9, 13 and 14 of the Prevention of Corruption Act, 1988 and the report under section 173 of Cr.P.C - Petition for quashing - Petitioners have already been exonerated on the departmental side - No chargeable evidence collected in the departmental inquiry - Still they are prosecuted under charges of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Challan presented against the petitioners - Plea by state that the proceedings under section 482 Cr.P.C. cannot be allowed - Held this submission cannot be made universal rule - Ordinarily the High court should not invoke the provisions under Section 482 Cr.P.C. after the submission of the charge-sheet - However..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held due to strong animosity/rancour between husband and wife, the wife felt induced to name all the family members as accused in the complaint under section 406 IPC - Unmarried sister-in-law and unmarried brother-in-law who are students dragged in out of illwil - It would..........
