Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Alteration of charge can happen at any time during the trial u/s 216 Cr.P.C, but not an additional charge sheet...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Court/Magistrate has power to release the vehicle in question for interim custody u/ss 451, 457 Cr.P.C and owner shall take defence and he shall prove that vehicle was used without his knowledge by person transporting the drugs...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Accused has no right to seek investigation in a particular manner and even Court does not have any jurisdiction to supervise the investigation, as investigation is within exclusive domain of the police...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Imposition of condition that husband should undertake to fulfill all physical as well as financial requirements of wife, is absolutely improbable and impracticable condition - Condition set aside...........
Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance to her cannot be denied on the mere ground that she is educated...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Involvement of accused in two more crimes would not be a hurdle, since criminal antecedents shall not be a rider to compound an offence, which is compoundable...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of interim maintenance Court cannot hold a threadbare trial to go into every micro detail...........
