Indian Penal Code, 1860, Section 323, Criminal Procedure Code, 1973, Section 468(2)(b) -- Offence u/s 323 IPC - Limitation - Prescribed period of limitation is one year - Charge sheet presented after 1-1/2 years of its registration - Held, FIR is time barred...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C. is tentative and is subject to final determination of rights in a Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar contained in S.195(1)(b)(ii) Cr.P.C. is not applicable to a case where forgery of document was committed before the document was produced in a Court...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - It is not every offence committed by a public servant which requires sanction for prosecution u/s 197 Cr.P.C. and not even every act done by him while he is actually engaged in performance of his duty...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a Government Advocate or Public Prosecutor..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Offence under Prevention of Corruption Act - Special Judge has power to pass order u/s 156(3) Cr.P.C. as a Court of original criminal jurisdiction and this power is not restrained or specifically denied by any statue - Moreover, complaint was pertaining to offences under P.C. Act and the only..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Expression `officer in charge of police station' means Magistrate cannot order any police officer other than one who is in charge of police station within his jurisdiction to conduct investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation by CBI - Permissibility - CBI is an independent establishment and not a local police station - Special Judge exceeded its jurisdiction in directing investigation u/s 156(3) Cr.P.C. by CBI, as he was not empowered to direct investigation to any other officer other than the officer in charge of..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to commit suicide - Aged lonely woman humiliated and publicly dragged and beaten - These facts constitute sufficient instigation i.e. abetment to commit suicide - Offence is made out from the allegations made in the FIR and petition for quashing of FIR deserved dismissal - Petition..........
