Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father and to biological mother after her remarriage - Both step father and biological mother of petitioner during pendency of application arrested and charge sheeted in criminal case in connection with unnatural death of wife of petitioner - Petitioner lost his job during lockdown - These subsequent events..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Magistrate/special Judge NDPS Act shall have power to consider the application for interim custody of conveyance/vehicle under the provision of Ss.451, 457 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Scribing of FIR after arrival of police - Does not mean that FIR was prepared at the dictate of police...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Judicial Magistrate passed order holding that application filed just to delay proceedings - Held, what should be the nature of defense evidence sought to be produced is not a matter which should be left only to the discretion of the Court - It was for the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 201, 120B -- Bail - Kidnapping and murder - Petitioner arraigned as an accused on the statement of co-accused - Merely because petitioner was in touch with co-accused, who is his brother, would not by itself be an incriminating circumstance - There is no other material to implicate..........
Criminal Procedure Code, 1973, Section 154, 482 -- Two FIR's - Quashing of second FIR - Both the FIRs are filed by same person against same accused in respect of same set of facts and allegations - Second FIR registered nearly four years after registration of first FIR - Challenge to the first FIR pending before High Court - Registration of multiple FIRs is nothing but..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Can only be taken once...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Summoning of additional accused - Magistrate initially taken the cognizance of offence - It cannot be said that Magistrate had played a passive role while committing case to Court of Session - In such scenario proceeding with regard to issuance of summons to other persons, involved in the crime has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
