Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of Rs.1500/- p.m. as interim maintenance - Amount is not only meager but also insufficient - No interference is required in the impugned order as same does not suffer from any illegality - However, three months time is granted to pay the entire amount of arrears of interim maintenance in three equal..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Penetrative sexual assault - Father of victim explained that there was a delay in lodging FIR, because in village no one cannot expect to rush to police station soon after noticing the missing of a person - Delay in lodging FIR satisfactorily explained and such delay not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Order rejecting application for withdrawal of prosecution - Writ petition - Maintainability - Accused has no authority or locus to challenge the order passed on an application preferred by State - Prima facie writ petition against order rejecting application for withdrawal of prosecution is not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1250 intoxicant tablets - Bail - Petitioner is stated to have a valid licence of retail chemist shop - He has been in custody since 20.10.2020 - Challan has already been presented and nothing is to be recovered from him - There are 13..........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 32 -- Police statement recorded u/s 161 Cr.P.C is admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 32 -- FIR - FIR lodged by deceased is admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 161 -- Police statement recorded u/s 161 Cr.P.C - Merely because police statement contains Crime No., it cannot be held that it is an ante-dated and ante-timed document for the simple reason, that time of recording of statement is also mentioned by I.O...........
