Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would ultimately result in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Additional accused can be summoned only if there is more than prima facie case as required at the time of framing of charge but which is less than satisfaction required at the time of conclusion of trial convicting accused...........
Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Claimed by plaintiff and his family - Suit for partition and separate possession - Plaintiff failed to prove prima facie case regarding his entitlement of his share in suit properties - He thus, not entitled to any interim maintenance - Application for interim maintenance held, dismissed being not..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegation against parents of husband - Unnatural death occurred within 7 years of marriage - Family members of deceased categorically stated that demand for dowry was raised by not only husband but also present accused - There are averments of family members of deceased that soon before death of..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Matrimonial dispute - False statement allegedly made in anticipatory bail application by accused - However, evidence on record shows that statement made in anticipatory bail application cannot be tested against unimpeachable evidence as evidence not yet led - Moreover, report in the nature of preliminary investigation..........
Indian Penal Code, 1860, Section 394, 397, Explosives Act, 1884, Section 9(B)(i)(b) -- Robbery - Bomb explosion - Quashing of proceedings - Materials available on record reveals prima facie case against petitioner - Acquittal of co-accused in separate trial has not disproved substratum of prosecution case - Petitioner cannot derive any benefit of that acquittal judgment to..........
