Criminal Procedure Code, 1973, Section 239, 227 -- Discharge - Accused or any other person other than prosecution has no power to produce any other documents for verification of Court at the time of exercising the powers u/ss 239, 227 Cr.P.C., which is confined only to the matters placed before Court by prosecution by way of final report u/s 173 Cr.P.C. and documents..........
Criminal Procedure Code, 1973, Section 239, 227 -- Discharge - Revision by third party - Maintainability - Revision preferred by third parties cannot be entertained in view of pendency of revision filed by investigating agency and prosecution agency...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compromise - Offence u/s 307 IPC is not compoundable - However, taking into consideration the totality of the entire facts and circumstances of the case, sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of customary divorce - Document regarding customary divorce not registered and does not reveal the customs as required to be followed in concerned community of litigating sides - Said document is of no probative value - Even otherwise, a divorced wife has a right to seek maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 378(1)(a) -- Appeal against acquittal - Order of acquittal passed by Magistrate in respect of cognizable and no, bailable offence - Appeal not maintainable before High Court, in view of bar created u/s 378(1)(a) Cr.P.C. - Appeal lies before Sessions Court...........
Criminal Procedure Code, 1973, Section 378(1)(a) -- Appeal against acquittal - Order of acquittal passed by Magistrate in respect of cognizable and no, bailable offence as well as non cognizable and bailable offences - Two appeals cannot be filed by State, one against cognizable offences and another against no, cognizable offences - Appeal lies before Sessions Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Award of maintenance from date of application - Facts for grant of maintenance from date of application mentioned in order but not mentioned in operative part of order - Not sufficient to hold that reason is not assigned for grant of maintenance from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere sitting of wife with her father in a clinic without earning cannot absolve husband from maintaining his wife - Since wife was deserted by husband and she was living separately and was not able to maintain herself, husband bound to maintain her - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 319 -- Application u/s 319 Cr.P.C. - Application filed to obtain the particulars solely for getting information about the persons for the purpose of impleading them as accused after taking cognizance - It is impermissible by any provisions under Chapter XIV of Cr.P.C. at post cognizance and pre-trial stage - Court is empowered u/s 319..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111 Cr.P.C. - Impugned order typed order..........
