Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When FIR alleges a dishonest conduct on the part of accused which if supported by materials would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Indian Penal Code, 1860, Section 34 -- Common intention - Appellant remains the sole accused after the acquittal of other accused with a finding that there was nothing in the FIR or statement u/s 161 Cr.P.C to sustain the charge u/s 34 IPC against them - There could be no charge u/s 34 IPC against appellant - Appellant acquitted u/s 34 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to two daughters - Daughters are residing along with their mother and they have not provided any records demonstrating that father is paying maintenance amount to them - Petitioner being a father is legally bound to maintain the daughters and provide an excellent education to his daughters - Father is running a..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, 29 -- Bail - Offence u/ss 25, 29 of Arms Act - Petitioner is alleged to be found in illegal possession of weapons - He is in custody for a period of 1 year, 10 months and 21 days - Petitioner does not have any criminal antecedents - Trial is likely to take time as 17 PWs are yet to be examined - Bail..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - Enhancement of sentence - S.386(b)(iii) Cr.P.C expressly bar the appellate Court from enhancing the sentence in an appeal filed by accused from a conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Benefit of suspension of sentence cannot be denied to accused merely because another trial is pending against him...........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012 -- Bail - Child victims - Directions issued to Secretary, Department UP Government to ensure that proper formats of reports to be submitted by Child Welfare Committee (CWCs) Courts in bail applications under POCSO Act - Proper training programmes to build the capacity of CWCs..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
