Criminal Procedure Code, 1973, Section 397, 401 -- Second revision petition - Earlier revision petition was withdrawn by petitioner without seeking permission to file fresh one - Second revision petition is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Interim monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Wife was awarded maintenance in a proceeding u/s 125 Cr.P.C - Husband thus, entitled to have adjustment of amount of maintenance already paid by him to..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay in lodging FIR is well explained, as victim herself stated that due to fear, she did not disclose about occurrence to her parents till a day after occurrence - Even, several other reasons including apparent chances of social stigma might have prevented parents of victim or victim to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
Criminal Procedure Code, 1973, Section 53A -- DNA test - Direction for conducting DNA as per provisions of S.53-A Cr.P.C can be given even at a later stage...........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C can be exercised when Magistrate has issued summons and not a bailable warrant - Once non-bailable warrant was issued, proper procedure was to appear before Court seek recalling of that warrant and bail in the matter - Without doing that permanent exemption was sought -..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Impleadment of victim - Victim is not a necessary party in an appeal from conviction for offences against woman or child, punishable under provisions of IPC or POCSO Act or any other penal provision which will apply in relation to offences affecting human body against any "woman" and/or "child" - No..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Victim is not a necessary party to appeal from conviction of offences against woman or child - Procedure to be adopted: (i) In cases where over and above assistance of Public Prosecutor representing State, appellate Court deems it necessary to provide further assistance to secure interest of victim..........
