Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 41A, 41(1)(b)(ii) -- Offence u/s 498-A IPC - There is to be no automatic arrest - Police Officers to satisfy themselves about the necessity for arrest under the parameters flowing from S.41-A Cr.P.C. - Police Officers to forward the check list, to be provided to them, duly filled and furnish the..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to police for fair and proper investigation - When Magistrate finds that police has not done its duty of investigating the case at all or has not done it satisfactorily, he can issue a direction to police to do investigation properly and can monitor the same...........
Criminal Procedure Code, 1973, Section 156(3), Constitution of India, 1950, Article 226 -- Direction to police for fair and proper investigation - Writ petition - If an informant/petitioner is aggrieved that proper/fair investigation is not being done by investigating officer, then he/she may approach concerned Magistrate by moving an application u/s 156(3) Cr.P.C. for..........
Protection to life and liberty -- Marriage during subsistence of first marriage - Petitioner No.1 not legally divorced - Marriage, thus is illegal and against provisions of Hindu Marriage Act - However, if either of petitioners, apprehend threat to their life or liberty are entitled to approach Police for redressal of their apprehensions regarding threats to their life..........
Criminal Procedure Code, 1973, Section 435 -- Pre-mature release - Applicability of S.435 Cr.P.C - Petitioner was apprehended in a joint operation conducted by CBI and State police - FIR in question was registered with CBI and case also registered by CBI - Provisions of S.435 Cr.P.C are applicable...........
Criminal Procedure Code, 1973, Section 195(1)(a)(i), Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - No written complaint was made to any Court by any public servant or some other public servant, who was subordinate as per S.195(1)(a)(i) Cr.P.C - FIR could not be registered by police as there was no ban on marriages during lockdown due to COVID pandemic -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Indian Penal Code, 1860, Section 376 -- Rape - Protection to rape victim - Directions issued Viz. (i) Deputy Commissioner, Ranchi is directed to take measure to ensure that minor children of victim are provided free education in any Government Institutions in District where victim is residing till they attain age of 14 years; (ii) Deputy Commissioner, Ranchi may also..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation of issuance of threat by wife as to falsely implicating husband and his family members in a criminal case - However, wife never lodged any criminal complaint in a police station against husband or his family members - Ground of cruelty not proved...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Investigation by Central Crime Branch (CCB) - CCB not declared as police station by State - Admittedly, final report filed by CCB which is an investigating agency is not in contemplation with provision of S.173(2) Cr.P.C - Trial Court ought not to have taken cognizance on report submitted by CCB - Order taking..........
