Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - When act of a public servant is ex-facie criminal or constitutes an offence, prior approval of Government would not be necessary - It extends the scope of corruption to encompass to cases where offence is relatable to any recommendation made or decision taken...........
Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest - Non compliance of mandate of S.50 of the Code - Arrest followed by consequential remand order set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488 -- Maintenance to two major unmarried daughters - Two unmarried daughters being of major age but suffering no physical/mental abnormality or injury rendering them unable to maintain themselves, not entitled to maintenance u/s 488 J & K Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Simply mentioning name or levelling vague allegations would not be sufficient to book any person u/s 319 Cr.P.C - Material brought on record must be scrutinized to some extent so as to make a firm opinion whether sufficient grounds are there or not to array a new person for joining the trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing charges only prima facie case is to be seen and recording of detailed reason is not necessary...........
