Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Omission to frame charge does not disable Court from convicting accused for the offence which is found to have been proved on the evidence on record...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 306 IPC - Deceased in her dying declaration clearly stated that deceased was mentally traumatized and she was unable to tolerate the torture and harassment meted out by accused on account of which she committed suicide - It is this taunting or mental torture which she could not withstand and forced..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence of PWs is not sufficient to sustain order u/s 319 Cr.P.C - No other evidence is relied upon by complainant to support the application u/s 319 Cr.P.C - Order of summoning of additional accused set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order rejecting bail - Court can consider a plea afresh if there is any alteration of circumstances - Conditions of bail could also be varied if a case is made out for such variation based on that factor - Prohibition contemplated u/s 362 Cr.P.C. does not apply in such cases...........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Petition filed before Executive Magistrate is not a complaint as defined u/s 2(d) Cr.P.C...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - District Magistrate or Sub-divisional Magistrate or any Executive Magistrate u/s 133 Cr.P.C cannot take action based on any `complaint', as S.133 Cr.P.C clearly states that action taken is based on a `report' of a police officer or other `information'...........
