Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - No person can unlawfully obstruct or create nuisance on a public place or over any way and if it has been done or construction is raised, same is liable to be removed u/s 133 Cr.P.C - Merely because it may not have completely created obstruction to public, it cannot be said that person, who has..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Criminal Procedure Code, 1973, Section 428 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.468) - Set-off - Set-off period u/s 428 Cr.P.C. neither regarded as part of sentence imposed nor can be counted in computing quantum of remission...........
Criminal Procedure Code, 1973, Section 432 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.473) - Remission - Entitlement of remission arises only when accused is convicted and admitted to prison as part of undergoing sentence of imprisonment - Period of detention prior to conviction cannot be counted for remission...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction to conduct further investigation even after filing of charge-sheet and commencement of trial is permissible in law...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Power of transferring such investigation must be in rare and exceptional cases where Court finds it necessary in order to do justice between parties and to instil confidence in public mind, or where investigation by State police lacks credibility and it is necessary for having a fair, honest..........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Criminal Procedure Code, 1973, Section 50, 482 -- Remand order - Quashing of order - Petitioner was not furnished with grounds of arrest as mandated u/s 50 Cr.P.C - Arrest memo and remand orders reflect that only a printed format memo was provided without mentioning grounds of arrest - Even, no effort was made by Magistrate to ensure adequate legal aid to accused and..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
