FIRST LAW

The Code of Criminal Procedure, 1973 - Sections 195 and 340 - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence -  Procedure in cases mentioned in section 195 - Action under section 340 is to be initiated at the discretion of the Court.

Code of Criminal Procedure, 1973 - Sections 125 & 482 -  Family Courts Act, 1984 - Order for maintenance of wives, children and parents -  Rejection / Allowing of the Interim Maintenance Applications - Whether an application under Section 482 of Cr.P.C. or a criminal revision under Section 397 of Cr.P.C. is maintainable ?

The Calcutta High Court (Appellete Side) in Mukul Roy v. State of West Bengal on 20 July, 2018 directs that Learned Registrar General shall take immediate steps for issuance of suitable guidelines to all the Chief Judicial Magistrates, Chief Metropolitan Magistrates, Additional Chief Judicial Magistrates, Additional Chief Metropolitan Magistrates, Judicial Magistrates through the District Sessions Judges and Metropolitan Magistrates, Calcutta of all the Districts of the State of West Bengal, which guidelines are laid down for application of judicial mind by the Learned Judicial Magistrate while invoking power under Section 156(3) of the Code, as under:-

Criminal P.C. 1973 - S.102 - Power of police officer to seize certain property -  Station House Officer of a police station has no power and jurisdiction to seal the immovable property of a citizen.

Criminal Procedure Code, 1973 - S.161 - Panchnama of statement of a witness recorded by the I.O. (not a statement u/S 161 CrPC), is not admissible in evidence - Accused cannot be convicted on the basis of such document when witness has turned hostile.

Penal Code, 1860 - Ss. 405, 406 & 420 -  Criminal P.C. 1973 -  Ss. 397, 401 & 482 - Q uashment of Complaint -  The criminal proceedings manifestly attended with malafide and/or where the proceeding is maliciously instituted with ulterior motive for wreaking vengeance on the accused and turning a civil litigation into a criminal litigation, deserves to be quashed. 

Criminal P.C. 1973 -  S.374 - Penal Code, 1860 - S. 302 -  Evidence Act, 1872 -  S. 32 -  Dying Declaration -  A dmissibility of -  One of the principles, which is always kept in mind, while examining the dying declaration of the deceased is that "a man will not meet his Maker with a lie in his mouth".

Criminal P.C. 1973 - S. 228 -  Framing of Charge -  While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its  prima facie  satisfaction on the basis of the material available on record that there is a ground for  presuming  that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.

Criminal Procedure Code, 1973 - Ss. 259 & 482 -  Power of Court to convert summons-cases into warrant cases - E xercise of jurisdiction under Section of the 259 Cr.P.C. is not available to the Magistrate at the early stage of trial.

Criminal Procedure Code, 1973 - Ss. 451 & 457 - A t the time of passing an order on the question of interim custody, the prime consideration which should weigh with the Court of Law, is when the concerned person/petitioner is called upon, the vehicle would be produced for the purpose of evidence and if in the event of confiscation order, the same would be available for confiscation.

Criminal Procedure Code 1973 -  S. 439 -  Penal Code, 1860 -  Ss. 376, 342, 493, 506 & 354 (C) - B ail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out.

Criminal Procedure Code, 1973 - S. 125 -  Order for maintenance of wives, children and parents -  Application for interim maintenance has to be decided on the basis of affidavit.

Code of Criminal Procedure, 1973 -  Section 482 -  No right is conferred by the Code to the accused person to prove his innocence at the stage of framing of charge.

Whether or not the proceedings under the Protection of Women from Domestic Violence Act, 2005 are in the nature of criminal proceedings ?

Criminal Procedure Code, 1973 - Section 125 -  The maintenance as provided under Section 125 of Cr.P.C can be denied only when the spouse is residing separately without any justifiable reasons or if she got married again. [Para 7]

Criminal Procedure Code, 1973 -  Section 125(1) -  Even a divorced wife is entitled to get maintenance from her husband.

Criminal Procedure Code, 1973 - S. 197 - Sanction - The act of fraud when reasonably not connected with official act will not attract sanction under section 197 of Cr.P.C.