Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
Protection to life and liberty -- Live-in-relationship - Boy is major and girl is minor - Boy is representing girl claiming himself to be next friend of minor girl - However, petition is not signed by any of petitioners - There is no pleading by boy that his interest is not adverse to interest of minor girl and he is acting for welfare of minor girl - Boy is already..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Petitioners are neither signatory of cheque nor in any way responsible for issuance of cheque - Vaguely stated in complaint that petitioners are directors and responsible for day to day affairs of company - Without any specific role attributed to each of the petitioners in the..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Preliminary enquiry - Where FIR is already registered, preliminary enquiry is not bound to be held on a subsequent complaint, containing very same allegations...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Incident is 26 years old and there is no complaint against accused regarding their conduct in the society - It would be futile to send accused to custody after such a long time when they have been suffering from mental agony because of sentence pending for more than 20 years - Sentence of A-1 and..........
Protection to life and liberty -- Live-in-relationship - Petitioners are major and unmarried - Personal life and liberty of persons has to be protected, irrespective of the fact that relation between two major individuals may be termed as immoral and unsocial - Counsel of petitioners directed to send a copy of petition along with its annexure to Station House Officer of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused not denied that he borrowed money from complainant and that he also given a cheque to complainant - Dishonour of cheque, issuance of cheque, receipt of notice and non-payment of cheque amount are also not disputed by accused - Evidence that has been brought..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - Complaint alleging continuous torture by son and his wife - However, no action as such has been taken - It was expedient on part of SDO to have started action u/s 22 of the Act - SDM/SDO who exercises powers under the Act, has..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353 -- Anticipatory bail - De facto complainant was attending an enquiry based on a complaint filed by a lawyer - It cannot be said that de facto complainant was in lawful discharge of his duty as a public servant at the time of incident of ill treating lawyer - Simply because de facto complainant..........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
