Indian Penal Code, 1860, Section 363, 366, 216, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR lodged by father of prosecutrix u/ss 363, 366, 216, 120-B IPC on the allegation that accused and prosecutrix ran away from the house - Prosecutrix stated her age as 19 years - Accused and prosecutrix married each other and blessed with a child - FIR quashed -..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 12 -- Petition for protection of life and liberty - Marriage against wishes of parents - Parents of the girl alleging girl to be less than 18 years of age and that marriage is void - Court in exercise of its inherent jurisdiction cannot go into the question of validity of marriage..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of jurisdiction by High Court - Held, power u/s 482 CrPC has been preserved with High Court to do ex-debito justice - Starting with non obstante clause S.482 preserves inherent power of High Court to be utilized for imparting complete and substantial justice for which High Court exist - It is wholesome power with..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of prosecution - Factors to be considered - Held, prosecution cannot be quashed by looking into the defence of accused which has to be pleaded at the appropriate stage by them - For scuttling prosecution at it's inception and nipping it into the bud, case..........
Criminal Procedure Code, 1973, Section 482 -- Corruption case - Complaint containing allegations that petitioner did not issue domicile certificate as a demand of Rs.500/- as bribe was not met - Complaint registered after a delay of 14 days and was a counter blast to the registration of a criminal case against the complainant - Complainant never approached legal competent..........
Criminal Procedure Code, 1973, Section 432, 433, 482 -- Premature release of convict - Conviction u/s 302 IPC and accused sentenced to life imprisonment - Petitioner already undergone sentence of 11 years - Petitioner sought premature release on the ground that he has developed 100% disability whereas as per medical board disability was 70% - Disability/handicap not of..........
Criminal Procedure Code, 1973, Section 32, 433, 482 -- Premature release of convict - Physically handicapped convict entitled to benefit of premature release if he has developed handicap after his or her sentence and subject to the conditions that : (i) the handicap is of such a nature as to render him totally incapable of committing any offence; (ii) further render him..........
Criminal Procedure Code, 1973, Section 482, 319 -- Summoning of additional accused - Quashing of order - Court below while passing impugned order has not recorded any finding as to whether the evidence adduced before it, if u, controverted, would be sufficient to record a conviction of revisionist - Held, summoning order is not sustainable in the absence of such finding..........
Indian Penal Code, 1860, Section 191, 182, 209, 420, Criminal Procedure Code, 1973, Section 482 -- Respondent and petitioner, husband and wife - Petitioner got a criminal case registered against respondent u/ss 498-A, 406 and 506(ii) IPC - Respondent also filed a petition for divorce - Respondent filed private complaint u/ss 191, 182, 209 and 420 IPC against petitioner,..........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed against petitioner for an offence u/s 27 of the Act - Sample of drug was found non-standard - Shelf life of drug in question had already expired before petitioners intimated about the report of analyst - Held, there was an infringement of statutory right of petitioner u/s 25 of the Act, as there was no..........
