Criminal Procedure Code, 1973, Section 190(1)(c), 210 -- FIR and private complaint in same offence - Cancellation report submitted by police after investigation - There is no obligation on Magistrate to accept the cancellation report if he does not agree with the opinion formed by police and still he has jurisdiction to take cognizance u/s 190(1)(c) Cr.P.C - In case..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Private complaint - Accused residing beyond territorial jurisdiction - Magistrate is not bound to conduct an inquiry in terms of S.202 Cr.P.C. in case he is opting to send the complaint for investigation u/s 156(3) Cr.P.C. to the concerned Police Station...........
Criminal Procedure Code, 1973, Section 195, 340 -- Tampering with record of Rent Controller - Rent Controller is not a Court and cannot make a complaint u/s 340 Cr.P.C. - Complaint can be made only by a private party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Time barred - As per evidence on record complaint for two cheques was time barred - Even, when rejection order was challenged before revisional Court, opportunity of hearing was not afforded to petitioner/accused - Moreover, cheques were issued by another..........
Criminal Procedure Code, 1973, Section 4 -- Caveat - There is no provision in Cr.P.C. under which a private party/complainant/informant can file a caveat, as governed by S.148-A CPC, to oppose the proceeding initiated at the behest of accused...........
Criminal Procedure Code, 1973, Section 439, 24(8), 301(2) -- Bail - A private person or victim of crime has a locus to appear and oppose the prayer for grant of bail to accused - However, it is within the discretion of Court to permit appearance of a victim or a private person in order to assist prosecution...........
Criminal Procedure Code, 1973, Section 301 -- Appearance by Public prosecutor - S.301 Cr.P.C grants locus to private person to prosecute any person in any Court under the directions of Public Prosecutor or Assistant Public Prosecutor - However, if he wants to file written argument, the same can be done with the permission of Court after evidence is closed...........
Indian Penal Code, 1860, Section 376 -- Rape - In case of rape on a married woman injury on private part is not likely...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because in an application u/s 23 of Protection of Women from Domestic Violence Act, 2005, Court in its order assessed monthly income of husband as Rs.8,000/- p.m, there was no impediment in assessing the income of husband afresh particularly when in application u/s 24 of the Act wife had..........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old girl - Prosecutrix is a reliable witness and her testimony fully inspires confidence - She was clear, cogent and consistent in her deposition that accused after removing her salwar had put his private part in her private part - Medical evidence fully corroborates her testimony - Even testimony of prosecutrix was..........
