Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C - Not maintainable when alternative remedy of Revision is available...........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Question of examination of an accused of rape by a medical practitioner as per S.53-A Cr.P.C is necessary only if there are reasonable grounds for believing that an examination of his person will afford evidence as to commission of an offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Rape case - Victim aged about 15 years specifically stated that she was subjected to rape by accused and co-accused - She..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of tampering with..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Appreciation of evidence is generally not made in revision - Evidence can be appreciated if it is shown that material evidence has been ignored, irrelevant material is considered or there is some perversity in finding...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8), Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - S.125(3) Cr.P.C is in pari material of S.5(8) of 2007 Act - Only difference is that period of filing application seeking enforcement in case of S.125(3) Cr.P.C is one year, whereas under 2007 Act, period prescribed is 3 months...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11, Criminal Procedure Code, 1973, Section 421 -- Enforcement of maintenance order - Warrant for levy of fine - Despite execution of warrant issued on application that is to be filed within 3 months of amount becoming due, if amount is not paid, law contemplates a breach for non-payment of each..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 384, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Offence u/ss 354, 354-A, 384, 120-B IPC and S.8 of POCSO Act - Victim was 13 years old at the time of incident and she herself registered the FIR at the age of 16 - Accused including..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 340, 351, 506, 34 -- Quashing of complaint - Offence u/ss 340, 351, 506, 34 IPC - General allegations made in complaint that complainant was wrongfully restrained - Place of occurrence was very close to property of accused - Even if accused was present at the spot, he cannot be faulted since he..........
