Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(4) -- Revision - Interlocutory order of Family Court regarding maintainability of application for maintenance u/s 125 Cr.P.C. - Revision lies only against final order passed by Family Court and not against any interlocutory order - Revision, held not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 399(3) -- Dishonour of cheque - Complaint fixed for examination of complainant and his witnesses - Absence of complainant, witnesses and his counsel - Complaint dismissed - Revision dismissed by Sessions Judge on merits - Appeal against - No criminal appeal lies against such an order -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(5) -- Dishonour of cheque - Complaint fixed for examination of complainant and his witnesses - Absence of complainant, witnesses and his counsel - Complaint dismissed - Revision dismissed by Sessions Judge on merits - Appeal against - No appeal lies against such an order - Even if it..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Summoning order - Review/recalling of order - Application for recalling dismissed by the learned Judicial Magistrate - Petition for setting aside of order - Criminal Court cannot review or recall its own order - The order was open to challenge by filing either a revision or a..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 325 -- Offence u/s 323 & 325 IPC - Convicted - Conviction confirmed by first appellate Court and High Court dismissed the revision - Parties willingly and voluntarily settling matter - Permission for compounding said offences - Granted in the interest of maintaining good relations between..........
Criminal Procedure Code, 1973, Section 401 -- Penal Code, 1860, Section 420/379 - Revision against order of discharge - Removal of tractor from the house of complainant by respondents when complainant was not present in his house - At the stage of charge the respondents discharged - The act of the respondents prima facie was dishonest vide which the petitioner's possession..........
Criminal Procedure Code, 1973, Section 200, 203, 204 -- Complaint - Issuing of process - The Magistrate delved deep into appreciating the evidence led by the complainant during the course of the preliminary enquiry - Undertook the exercise whether the ocular account was corroborated by medical account in all its essentials and dismissed the complaint - In revision..........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Indian Penal Code, 1860, Section 419, 420, 468, 471, Criminal Procedure Code, 1973, Section 360 -- Revision against conviction - Probation - Allegation of prosecution that petitioner was travelling on a bogus pass and he tampered with the pass for his advantage - Sentence to the maximum sentence of one year and fine of Rs.1500/- - Cogent reason not recorded by the learned..........
Criminal Procedure Code, 1973, Section 401, Essential Commodities Act, 1955, Section 7 -- Superdari - Three wheeler taken into possession from `J' - `S' applied for release of the three wheeler on superdari on the plea that he is owner of the vehicle and produced affidavit from registered owner that he purchased the vehicle - On the basis of an affidavit a vehicle could..........
