CrPC

CrPC S. 125 – Husband a doctor – Is morally, ethically and statutorily duty bound to maintain his wife and daughter – Status of the wife and her financial status required to be looked into by the court. (2023-1)209 PLR 448

CrPC, S. 313(1)(b) – Any failure to consider the accused’s explanation of incriminating circumstances, in a given case, may vitiate the trial and/or endanger the conviction. (2023-1)209 PLR 430, 2023 SCeJ 0037

CrPC S. 125 – Whether a Court, which passed an order of maintenance under S. 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order?

CrPC S. 379, 482 – Personal appearance – Appellate Court – Suspension of sentence – Could not insist, upon the repetitive personal appearances of the convict.

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CrPC

NIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .

PLRonline 482653 (LogIn to download) (2023-1)209 PLR 371 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Anoop Chitkara O.K. FINANCE...

CrPC S. 482 – Revisable order – Does not bar or prohibit jurisdiction of High Court under S. 482 when there is apparent illegality – If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall

2022 PLRonline 0496 Punjab and Haryana High Court Before Vinod S. Bhardwaj, J. ASLOOP KHAN v. STATE OF HARYANA AND...

CrPC S. 319 – Application by prosecution to summon additional accused – Petitioners had also been nominated as the accused in the said FIR though, they were found innocent – This finding is not at all to be construed to be conclusive qua their innocence – Right to fair investigation and trial is not meant to be confined to the accused person only and rather, it equally extends to the victim also.

2021 PLRonline 5202 Punjab and Haryana High Court Meenakshi Mehta J. PUNEET v. STATE OF HARYANA CRR No.2856 of 2018...

CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

Unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, merely on the ground that she does...

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

hile deciding the application under section 319 Cr.P.C. the trial court has failed to appreciate the entire facts, evidence and...

IPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate

Section 195 Cr.PC. opens up with the word “No Court” and thus, imposes an express bar for any Court to...

CrPC S. 439, S. 403 – Revision against illegal order of discharge – High Court has the power to interfere

CrPC , 1898), S.439, S.403 - Revision against illegal order of discharge – High Court has the power to interfere...

CrPC S. 253, S. 254, S. 258 – Warrant case – ‘discharge’ or ‘acquittal’ – Once a charge is framed, the Magistrate has no power to cancel the charge [SC]

CrPC S. 253, S. 254, S. 258 - Warrant case instituted on complaint - 'discharge' or 'acquittal' - Procedure...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

CrPC S. 227, 300(1) – Discharge u/s 227 is a stage prior to framing of the charge u/s 228 – At that stage alone court can consider application under S. 300. [SC]

CrPC S. 227, 300(1) – Discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge under...

CrPC S. 482 – Quashing – Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings.

Court can exercise its powers to quash a criminal complaint, provided that the evidence adduced is clearly inconsistent with the...

CrPC S. 82 – Quashing – What evidence and material the High Court can get into in cases where a prayer for quashing a complaint

Court elaborated on what evidence and material the High Court can get into in cases where a prayer for quashing...

CrPC S. 482 – Quashing – Broad guidelines for quashing a criminal complaint.

Broad guidelines for quashing a criminal complaint as under:- “In the backdrop of the interpretation of the various relevant provisions...

CrPC S. 438 – Before charge sheet was filed, were granted anticipatory bail – Does not preclude to apply for anticipatory bail again after filing of the charge sheet

Criminal Procedure Code, 1973 (2 of 1974), Section 438 – Anticipatory bail – Before the charge sheet was filed, petitioners...

[SC] Bail – Custodial trial – Is not a relevant aspect .

S. 439 – Bail – Custodial trial - Observation that there is no need of further custodial trial is not...

[SC] Bail – Chargesheet – Required to be considered by the High Court