Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Domestic violence - Maintenance - Applicability of provisions of Ss.468, 472 Cr.P.C - Offence under PWDV Act is a continuing offence and demands are made and applications which are going to be filed are not barred by limitation and Court can grant..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - If a person is arrested and not produced before jurisdictional Court, he is entitled to maintain a petition u/s 437 Cr.P.C, as there is no need of actual production of accused before jurisdictional Court seeking bail u/s 437 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Magistrate has got absolute jurisdiction to entertain an application u/s 437 Cr.P.C in view of Ss.78 to 81 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Additional accused u/s 319 Cr.P.C. can only be summoned in exceptional cases and that also after Court finds that more than prima facie case is established against additional accused sought to be summoned...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation levelled against each other can be adjudicated only after evidence - Truthfulness of allegations cannot be considered in proceeding u/s 482 Cr.P.C before High Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adjudication of questions of facts and appreciation of evidence or examining reliability and credibility of version, does not fall within arena of jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of no, bailable warrant - Offence u/ss 323, 504, 506 IPC - Allegations that complainant was abused and given beatings by accused and co-accused over issue of property and that his wrist watch and Rs.1,200 was snatched from him - Accused and co-accused threatened to kill..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
Criminal Procedure Code, 1973, Section 311, 303 -- Re cross-examination of PWs - As accused was not represented by a Counsel as such Court appointed Legal Aid Counsel - Witnesses cross examined by said counsel - However, there is absence of any power of attorney executed by accused endorsing appointment of said counsel - Having recourse to S.303 Cr.P.C. petitioner given..........
