Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 495 -- Jurisdiction of Court - Court within whose jurisdiction first wife has taken up permanent residence after commission of offence punishable u/ss 494 or 495 IPC, has jurisdiction to try the offence...........
Criminal Procedure Code, 1973, Section 154, 482 -- Registration of FIR - Non holding of preliminary inquiry - Quashing of FIR - Preliminary inquiry is desirable but FIR cannot be quashed on the ground of non holding of preliminary enquiry...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Accused has no right of pre audience before registration of FIR...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - FIR cannot be quashed on the ground that petitioner was not heard before registration of offence...........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Indian Penal Code, 1860, Section 420, 468, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie forging of documents and taking benefit of such forgery is established on record - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - Distinction between sentence for fixed term and sentence of life imprisonment - If a sentence is for fixed term, ordinarily, appellate Court may exercise its discretion to suspend the operation of same liberally unless there are any exceptional circumstances..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - High Court while declining to suspend the substantive order of sentence of life imprisonment has discussed the prima facie case established against accused before trial Court - In such circumstances, no interference warranted in the impugned order - As regarding..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife had not re-married after divorce - She is thus, entitled to get maintenance...........
