Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its appellate jurisdiction u/art..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of arguments - Name of proposed accused not given in FIR - However, in view of statement of victim who received injuries on his eyes and silence of defence qua incriminatory role of proposed accused, he has to be arrayed as accused along with other accused who already charge..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Admittedly, complainant party illegality entered into field of accused in between 4-5 a.m. in dark night alongwith habitual offender - Free fight - Gun shots were fired by both parties resulting into death at spot of `K' - Intention of accused to inflict..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves..........
Criminal Procedure Code, 1973, Section 482, 133 -- Proceedings u/s 133 Cr.P.C. dropped - However proceedings resumed on the basis of letter received from Human Rights Commission - Human Rights Commission has no jurisdiction to entertain a dispute of alleged public nuisance, as Cr.P.C provides ample remedies for resolving such disputes - Moreover, civil suit is also going..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proof of marriage - In proceedings u/s 125 Cr.P.C. strict proof of marriage is not essential - Standard of proof u/s 125 Cr.P.C. is not akin to matrimonial proceedings as these proceedings are summary in nature and meant to prevent vagrancy...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No specific denial by husband about matrimony - No evidence lead with regard to plea that at time of marriage wife was already married and was not divorced by her previous husband - On the contrary, evidence adduced by wife remained uncontroverted to the extent of factum of matrimony, her vagrancy and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of Prosecutrix and her father to confront them with their statements - Rape case - Co-accused acquitted, as prosecutrix and her father not supported prosecution case - Petitioner/juvenile had no knowledge about the fact that prosecutrix and her father had not supported prosecutrix case during trial of co-accused, as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without..........
