Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Magistrate dealing with an application u/s 156(3) Cr.P.C is legally authorized to make an order for registration of FIR and investigate into matter or to treat such application as a complaint, as the case may be and he is fully empowered even to reject application moved before it u/s 156(3)..........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - Cannot be said to have been proved without examining Bank official/clerk - Complaint against accused remains unproved - Acquittal upheld...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Questions with regard to husband's name of victim and recording the cell number of victim rightly disallowed as these questions will disclose the identity of victim - Question with respect to earlier complaint and/or case, in cross examination, should not..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Kidnapping and rape - Accused is permitted to ask questions from victim with respect to earlier complaint/FIR - Closure of right of cross-examination of victim is against statutory right of accused to cross-examine witnesses - Trial Court shall recall the..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Cross examination as to questions with regard to husband's name of victim and recording the cell number of victim rightly disallowed as these questions will disclose the identity of victim - Question with respect to earlier complaint and/or case, in cross..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 156(3) Cr.P.C. - Order to treat the same as complaint case - Not an interlocutory order - It is revision and not petition u/s 482 Cr.P.C. which is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought to change the name of accused from "Managing Director, ABC Ltd....." to "ABC Ltd... through Managing Director..." - Order allowing amendment upheld...........
Protection of Women from Domestic Violence Act, 2012, Section 12 -- Domestic violence - Complainant is not expected to cite detailed particulars of every single act that may be treated as an act of domestic violence in complaint...........
