Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Petitioner not able to make out a case within the parameters of law laid down by Apex Court - Petition dismissed without merit...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while exercising limited jurisdiction u/s 482 Cr.P.C. cannot undertake a roving enquiry in the matter...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court has to look to prima facie offence arising from contents of FIR, taken at its face value - High Court cannot weigh evidentiary material justifying investigation, which essentially belongs to the domain of Investigating Officer...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Offence u/s 494 IPC - Court within whose jurisdiction second marriage is performed has jurisdiction to try case - Complaint filed at place `R' where wife is permanently residing with her parents - Court at place `R' lacks jurisdiction to try the case, hence complaint quashed...........
Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010, Section 12(1), Criminal Procedure Code, 1973, Section 482, Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Quashing of complaint - Marriage was solemnized in Jammu and thereafter couple shifted to Germany and became citizens of Germany and being citizens laws of Germany would be..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - After marriage couple moved to Germany and become citizens of Germany - Decree of divorce granted on 20.07.2017 not be challenged - FIR dated 30.12.2017 quashed as there is no existing husband and wife relationship...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father - When a step father fulfills same responsibilities as biological father, step son cannot deny his obligation to maintain him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to biological mother after her remarriage - A biological mother, who has contracted second marriage, has always a right to claim maintenance from her son...........
