Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Wife alleged to be living in adultery - Impugned order granting interim maintenance set aside and matter remitted for ascertaining if there is material available on record to show that wife is prima facie living in adultery and thus disentitled to interim maintenance, and if not, assessing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Where proceedings arise essentially out of matrimonial dispute and parties have decided to bury hatchet, Court must examine if there is any likelihood of criminal prosecution resulting in conviction...........
Indian Penal Code, 1860, Section 498A, 406, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of two FIRs - Settlement - Offence u/ss 498-A, 406, 506, 509, 34 IPC - Matrimonial dispute - Wherein matrimonial relation is brought to an end by mutual consent and parties are eager to move on with their respective lives seeking closure and if there is nothing..........
Criminal Procedure Code, 1973, Section 482, 154 -- Consecutive three FIRs - Quashing of first FIR - Complainant lodged three consecutive FIRs - Accused acquitted in two subsequent FIRs - Since FIRs in which accused stand acquitted on facts is akin to first FIR, continuation of proceedings would tantamount to abuse of process of Court and would result in grave injustice,..........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B -- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence -..........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - Power of arrest and detention is available to Police authorities where allegations pertain to commission of offences allegedly committed outside India, though sanction of Central Government as per S.188 Cr.P.C has not been obtained - Only post cognizance inquiries and commencement of trial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 355A -- Anticipatory bail - Offence u/ss 354, 355-A IPC - De facto complainant forwarded her letter by post to police authorities which in turn treated as First Information Statement - Till date complainant not even bothered to report before I.O to give her statement u/s 161 Cr.P.C - I.O..........
Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Not permissible at the threshold when trial has already commenced and stage has been set for examination of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Admissibility of photostat copies of documents - Objection as regards admissibility of documents can be agitated at the stage of trial - No ground to invoke S.258 Cr.P.C...........
