Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Criminal Procedure Code, 1973, Section 190(1)(b), 397(2) -- Order taking cognizance - Revision against - Maintainability - Order taking cognizance is an intermediary order and not an interlocutory order - Hence, revision petition is maintainable against such order of taking cognizance u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
Criminal Procedure Code, 1973, Section 398 -- Revision - Scope - S.398 Cr.P.C. provides that Court of Revision cannot pass any direction for inquiry into a case of any person, who has been discharged unless such person has opportunity of being heard - No order adversely affecting complainant or accused could be passed by trial Court in revision without hearing him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife and minor son - Grant of Rs.55,000/- per month to wife and Rs.25,000/- per month to minor son from the date of filing of petition - Husband having vast properties and has no liability towards his mother or children born out of first marriage - Fact that a person who visited abroad thrice, contested..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Criminal Procedure Code, 1973, Section 197, 397 -- Sanction for prosecution - Cannot be gone into by Court in a Revision - Said issue requires examination by Court below before taking cognizance - Court can examine whole materials, and see whether sanction is required to prosecute petitioners and others - Order passed by Court below taking cognizance set aside - Trial..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Cancellation of default bail - Non compliance of bail conditions - Opportunity not given to petitioners before cancellation of bail - Delay in approaching Court after cancellation of bail condoned - Opportunity given to petitioners for presenting arguable case before High Court in main revision case...........
Criminal Procedure Code, 1973, Section 125, 401, 482 -- Maintenance - Revision - Order enhancing maintenance u/s 125 Cr.P.C. - Earlier petition u/s 482 Cr.P.C against such order was filed by husband which was dismissed as withdrawn on the ground that there was a possibility of amicable settlement between parties - Whereas, present revision u/s 401 Cr.P.C. filed by husband..........
