Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111 Cr.P.C. - Impugned order typed order..........
Criminal Procedure Code, 1973, Section 202 -- Private complaint - Enquiry u/s 202 Cr.P.C. - Where accused resides beyond the area over which a concerned Magistrate exercises its jurisdiction, enquiry u/s 202 Cr.P.C. would be necessary and significant before issuing process...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354A, Information Technology Act, 2000, Section 67A -- Discharge - Offence u/s 354-A IPC and S.67-A of I.T Act - Posting of obscene message through social networking site in account of defacto complainant - Plea of alibi as claimed is a question of fact which may be agitated in the course of trial..........
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21 -- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were..........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Offence u/ss 498-A, 306 IPC - Where a young lady aged 25 years died by committing suicide leaving behind a ten months old child, mother of deceased may suffer a state of mental confusion when struck by such a tragedy - Issues relating to their safety and custody often require higher priority - Mother of deceased..........
Criminal Procedure Code, 1973, Section 340 -- Forgery of a document - In divorce petition date of marriage mentioned different than that mentioned in certificate of marriage - Nothing shown as to how it is a case of forgery of document or what benefit is taken by husband by giving different date of marriage - Dismissal of application calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage between a Christian and a Hindu performed as per Hindu rites with full consent of both parties cannot be said to be invalid for the purposes of claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - If the act or omission is done by performing the official duties and wrong decision has been taken with bona-fide intention or even through negligence, it will be treated as having reasonable connection with the performance of the official duties and sanction u/s 197 Cr.P.C. is..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Compromise during pendency of appeal filed against conviction - Accused cannot be acquitted on the basis of compromise - However, Appellate Court can take lenient view in awarding sentence after hearing appeal, if conviction is sustained...........
