Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Separate statement u/s 313 Cr.P.C. of each accused recorded in part at different dates - Does not vitiate trial...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 143, 341, 323, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.143, 341, 323 IPC - Quashing of FIR - Incident took place in the night at riverbed - Complainant himself stated that no other person witnessed the..........
Criminal Procedure Code, 1973, Section 397, 207 -- Revision - Maintainability - Order rejecting application for supplying copy of charge sheet u/s 207 Cr.P.C. - Said order is not deciding anything finally and may be termed as interlocutory order - Revision against said order is not maintainable...........
Criminal Procedure Code, 1973, Section 377 -- Appeal against inadequacy of sentence passed by Magistrate - Not maintainable before High Court after amendment of S.377 Cr.P.C. in 2006...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Principle of res judicata - Not applicable to criminal proceeding including proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband not extended an opportunity of hearing - Court cannot permit bypassing remedy, as husband has remedy to move an appropriate application u/s 126 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Husband contended that second application for maintenance was withdrawn by wife in view of compromise between parties and both the parties agreed to reside separately, therefore, by virtue of S.125(4) of the Act, wife not entitled to claim maintenance - Contention rejected, as no particulars of..........
Criminal Procedure Code, 1973, Section 319 -- Expression `any persons not being an accused' - Includes the persons who have been named in the FIR but not charge sheeted...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant named some of petitioners in the FIR but as per S.161 Cr.P.C., statement of informant indicates that he is a post occurrence witness - He projected himself as eye witness during trial of case - Other PWs not stated anything against petitioners in their previous statement made before..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation to victim - Awarding of default sentence to ensure its observance - Jurisdiction of Court - Court is within jurisdiction to add default sentence of imprisonment while awarding compensation u/s 357(3) Cr.P.C...........
