Prevention of Corruption Act, 1988, Section 19, 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420 -- Sanction for prosecution refused by competent authority twice - On request of police, concerned authority reviewed the order and granted sanction on same material - Order granting sanction set aside - Held, once the sanction was..........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Appeal against - Leave to file appeal - Refusal - Reasons for refusing to grant leave not given - High Court ought to have given reasons, however brief in its order indicative of an application of mind, all the more when order is amenable to further avenue of challenge - Order of High Court set aside...........
Criminal Procedure Code, 1973, Section 156, 190 -- FIR - If not registered or copy of FIR not supplied - Court of Magistrate can be moved - Magistrate can order to register FIR and to supply copy of FIR within 24 hours - In case such an order is violated contempt proceedings can be initiated - Disciplinary Authority in departmental proceedings can suspend such an officer...........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Order u/s 156(3) Cr.P.C. - Order cannot be quashed - Applicant not accused - Application is premature - Applicants are entitled to file application or to take any appropriate step only after issuance of process - Impugned order cannot be quashed in exercise of power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 207, 227, 452 -- Charge - After framing of charge Magistrate has no jurisdiction to recall such order on ground that prosecution had failed to comply with the provision of S.207 Cr.P.C. - At the stage of framing charge Court can only look into the material produced by prosecution while giving an opportunity to the accused to show that..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Conviction u/ss 7, 13(1)(d), 13(2) Prevention of Corruption Act - Suspension of sentence - Appellate Court is required to record reasons in writing for ordering suspension of execution of sentence or order appealed - Reasons not indicated while directing suspension..........
Criminal Procedure Code, 1973, Section 344 -- Salient features of the provision of S.344 Cr.P.C. are : (1) Power u/s 344 Cr.P.C. can be exercised by Court of Sessions or Magistrate of the First Class; (2) Court can exercise power only at the time of delivery of the judgment or final order; (3) offender should be given a reasonable opportunity of show cause; (4) maximum..........
Criminal Procedure Code, 1973, Section 482 -- Charge - Quashing of - Main accused discharged and order of discharge sustained till Supreme Court - Charge against co-accused also quashed...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Granted upto period of Iddat - Thereafter she moved an application under S.3 of the Act which was allowed by the trial Court but was dismissed by revisional Court - The order of revisional Court became final as the same was not challenged in the..........
Criminal Procedure Code, 1973, Section 437, 482 -- Bail cannot be granted in a petition for quashing of FIR - Respondents were absconding in a murder case as per charge sheet - Petition filed for quashing of FIR - High Court while disposing off petition u/s 482 Cr.P.C. released the respondents on bail - Held, that High Court has not considered the merits of the case -..........
