Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Calling a woman, even to one's own wife, a prostitute and to call her that earns the money by indulging in prostitution - Amounts to insulting modesty of a woman - There is thus, prima facie evidence to indicate that offence falls u/s 509 IPC - Prosecution is thus,..........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) u/s 357-A(2) Cr.P.C can only decide quantum of compensation - Neither DLSA nor SLSA can monitor or fetter amount disbursed as compensation u/s 357-A Cr.P.C, as their jurisdiction ends with awarding the amount...........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - Power to decide and grant victim compensation is conferred on State and central Authorities and power to frame schemes of providing funds therefor (and not relating to method/modality of disbursal) flows from S.357-A Cr.P.C and not from Legal Services Authority Act...........
Criminal Procedure Code, 1973, Section 357A - - Victim of human trafficking - Compensation - Procedure for grant of victim compensation - WBVC Scheme not amended yet by incorporating National Legal Services Authority (NLSA) model Scheme, pursuant to direction of S.C - Said WBVC Scheme thus, prevails in State and disbursement of compensation to major persons would be..........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
Criminal Procedure Code, 1973, Section 249 -- Complaint - Non-appearance of complainant - Acquittal due to absence of complainant in proceeding is sanctioned by S.249 Cr.P.C only when offences alleged against accused are either non-cognizable or compoundable - It is enough if either of these two conditions exists in a case...........
Criminal Procedure Code, 1973, Section 245(1) -- Warrant case - Discharge - S.245(1) Cr.P.C, does not contemplate discharge of accused on account of default of appearance of complainant but only postulates an adjudication on merits in presence of or with participation of complainant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Merely because all the details of crime not mentioned in FIR, that itself will not create any ground in favour of accused for quashing FIR, especially when investigation is at primary stage and further evidence is yet to be collected by prosecution, as FIR is not an encyclopedia and minor details are not..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 7, 13 -- Quashing of FIR - Illegal gratification - Accused working as District Commandant, Home Guards found accepting bribe amount from employees for deputing them on their duties - Lodging of FIR is a natural consequence and accused cannot escape from his act in committing crime -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 221 gms methamphetamine (Psychotropic Substance) - Commercial quantity - Psychotropic Substance was found concealed in undergarment of petitioner - Petitioner was detained in airport - Sequence of events and a reasonable,..........
