Criminal Procedure Code, 1973, Section 133 -- Proceedings under Section 133 - Question regarding land belong to a party cannot be finally adjudicated - That would be a matter for the adjudication by the Civil Court - When bonafide claim is made that a portion of land belongs to respondent and there is prima facie proof, Magistrate would be justified in not taking action..........
Criminal Procedure Code, 1973, Section 482 -- Compensation - Prayer for independent probe preferably by CBI into the death in Police Custody - Alternative relief of compensation to the legal representative not made in petition - Held that the provisions of section 482, Cr.P.C, are extraordinary in its nature and do not curtail the powers of the Court, which can be..........
Criminal Procedure Code, 1973, Section 164, 438 - - Anticipatory Bail - FIR u/S.366/120B IPC - The petitioner hiding himself and abducted girl - Investigating officer unable to proceed with investigation - Petitioner placing on record of petition for anticipatory bail statement of the abducted girl recorded by the Additional Chief Judicial Magistrate on filing of..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Sections 448, 452, 506, 465 and 466 - Petition for quashing - The case still under investigation - The Court while exercising the inherent powers in no manner is in a position to divulge upon the merits of the case under the provisions of Section 482 and Scuttle the investigation...........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -Revision - Against conviction - Sentence - Alleged adulteration of food article pertained to deficiency of sugar - In no manner was it injurious to the health of human being - Accused going through ordeal of the litigation for the last seven years and was under..........
Indian Penal Code, 1860, Section 376 -- Criminal Procedure Code, 1973, Section 164 - Statement under Section 164 Cr.P.C. are not to be considered as piece of evidence before the Court before whom the case was tried - Statement under section 164 Cr.P.C. could have been used if the attention of the witness had been invited to the portion while contradicting the witness...........
Criminal Procedure Code,1973 -- Section 389 - Bail - Conviction and sentence u/Ss.304B/201/34 IPC - R.I. for a period of 7 years - Appellant undergone actual sentence of 3 years and some months - With remission crossed five years sentence - There is not any likelihood that his case may be taken up for final hearing within two years in that case he shall have to spend the..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Maintenance to minor children by father - Held, S.3(1)(b) of the 1986 Act does not in any way affect the rights of the minor children of divorced Muslim parents to claim maintenance from their father under Section 125 Cr.P.C. till they..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Maintenance to minor children by father - Held, S.3(1)(b) of the 1986 Act does not in any way affect the rights of the minor children of divorced Muslim parents to claim maintenance from their father under Section 125 Cr.P.C. till they..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Charge under Section 7 of Food Adulteration Act, 1954 - Complaint dismissed in default of appearance of complainant - Reviewed by Judicial Magistrate and restored - Held the order passed by trial Court while restoring the complaint is bad in law in as much as that order was passed without jurisdiction - Exercising..........
