Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Mother of child residing in a ladies hostel along with child - Though mother of child is earning, but father cannot escape from his liability to maintain child - Taking into account the salary certificate of father and relevant materials, maintenance of Rs.8,000 p.m to child would be fair and..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Order taking cognizance u/ss 498-A, 304-B IPC - Co-accused acquitted from the alleged offences - It is duty of Court below to consider judgment of acquittal passed in respect of co-accused, before invoking power u/s 319 Cr.P.C. - Impugned order of..........
Criminal Procedure Code, 1973, Section 197, 482, Notaries Public Act, 1952, Section 13 -- Sanction for prosecution - Quashing of Criminal Proceedings - Attestation of antedated agreement, knowing fully well that said agreement was not entered between respective parties in his presence and further fabricated Register in support of hist attestation - Held that, act of..........
Criminal Procedure Code, 1973, Section 174 -- Scope - Proceedings u/s 174 Cr.P.C. have a very limited scope - Object of proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death - Question regarding details as to how deceased was assaulted or who assaulted him or under..........
Criminal Procedure Code, 1973, Section 177, 178 -- Territorial jurisdiction - There is no absolute prohibition that offence committed beyond the local territorial jurisdiction cannot be investigated, inquired or tried - However, after investigation is over, if officer arrives at the conclusion that cause of action for lodging FIR has not arisen within his territorial..........
Criminal Procedure Code, 1973, Section 174, 154 -- Inquiry - Investigation on an inquiry u/s 174 Cr.P.C. is distinct from investigation u/s 154 Cr.P.C. relating to commission of a cognizable offence - Since there was no FIR registered nor any report u/s 173 Cr.P.C. was submitted, challenge to FIR lodged after closing of case on earlier enquiry conducted u/s 174 Cr.P.C...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Except for special reasons to be recorded for not doing so, till disposal of trial, Court must exercise its discretion expeditiously and judicially in releasing the custody of vehicle in favour of its registered owner after verifying the papers of ownership, insurance, tax and fitness etc, and may..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when..........
