S. 13 Public Gambling Act Is A Non-Cognizable Offence; Police Can't Investigate Without Magistrate's Order: Allahabad HC

The Allahabad High Court has recently observed that the offence of gaming in a public street or place under Section 13 of the Public Gambling Act, 1867, is a non-cognizable offence. Consequently, in view of Section 2 (l) & (c) r/w Section 155 (2) CrPC, a bench of Justice Sanjay Kumar Pachori clarified that no police officer can investigate the commission of this offence without...

DNA Report Cannot Be Relied Upon To Convict Accused If Not Put To Him During S.313 CrPC Examination: Uttarakhand High Court

The Uttarakhand High Court has held that an FSL/DNA report cannot be relied upon to sustain a conviction if the conclusions of the report were not put to the accused during his examination under Section 313 CrPC. The Court observed that incriminating material not presented to the accused for explanation cannot be read against him.A Division Bench of Justices Ravindra Maithani and Siddhartha...

Wife's Education Or Capacity To Earn Alone No Bar To Claiming Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has observed that the mere fact that the wife is educated or possesses the capacity to earn does not, by itself, disentitle her from claiming maintenance under Section 125 CrPC. A bench of Justice Garima Prashad added that what is required to be considered is her actual and present ability to maintain herself in a manner commensurate with the standard of...

Taunting Wife Over 'Small Car', Insufficient Gold Prima Facie Amounts To Cruelty U/S 498A IPC: Delhi High Court

The Delhi High Court has held that repeated taunts directed at a woman over allegedly bringing insufficient dowry, including remarks about a “small car” and lesser quantity of gold, prima facie amount to cruelty under Section 498A of the Indian Penal Code.Justice Swarana Kanta Sharma made the observation while partly allowing revision petitions filed by the State and the father of a...

Mere Allegations Of Adultery Can't Disentitle Wife From Interim Maintenance Under Section 125 CrPC: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a husband cannot deny interim maintenance to his wife under Section 125 of the Code of Criminal Procedure merely by levelling allegations of adultery, without such claims being substantiated by cogent and legally admissible evidence.Justice Neerja K. Kalson said,"matrimonial litigation cannot be permitted to become a forum for...

Second Wife Not Necessary Party In First Wife's Maintenance Case Under Section 125 CrPC: Delhi High Court

The Delhi High Court has held that a second wife is neither a necessary nor a proper party in maintenance proceedings initiated by the first wife and children under Section 125 CrPC, observing that such proceedings cannot be unnecessarily widened by impleading every person claiming dependence on the husband.Justice Swarana Kanta Sharma made the observation while dismissing an application filed...

S.294 CrPC | Accused Can Exhibit Documents Already Part Of Chargesheet Without Formal Proof Of Signature : Supreme Court

The Supreme Court has observed that when an accused seeks to exhibit on the defence side certain documents which already form part of the charge sheet and the prosecution's record, they need not undergo formal proof and can be read in evidence without proving the signature of the person purported to have signed them.The Court relied on Section 294(3) of the Code of Criminal Procedure, as...

Preliminary Verification Closure Not Equivalent To Closure Report Under CrPC: J&K&L High Court Refuses To Quash FIR

The Jammu & Kashmir and Ladakh High Court has held that the High Court cannot interfere under its inherent jurisdiction to quash an FIR merely because a preliminary verification had earlier recommended closure, when subsequent material collected during inquiry discloses the commission of a cognizable offence.The Court clarified that a preliminary verification closure measure only...

Delhi High Court Upholds Maintenance To Woman From Second Marriage Despite No Formal Divorce From First Husband

The Delhi High Court has upheld a Family Court order granting maintenance to a woman from her second marriage despite the absence of a formal divorce decree from her first husband, observing that the expression “wife” under Section 125 CrPC must receive a liberal interpretation to further the provision's social justice objective.Justice Saurabh Banerjee dismissed a revision petition filed...

Production Of Accused Before Magistrate U/S 170 CrPC Doesn't Mean Arrest Or Judicial Custody: Rajasthan High Court Quashes Bailable Warrants

Rajasthan High Court set aside the bailable warrants against accused in a forgery case, holding that once the investigating agency did not think it was proper to arrest the accused during investigation, issuance of bailable or non-bailable warrants should be done by the Court only where the accused was charged with henious crime or was likely to abscond or tamper with evidence. The bench...

Maternal Grandmother Taking Care Of Child Can Maintain Minor's Plea Under Sec 125 CrPC: P&H High Court

The Punjab & Haryana High Court has held that a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance on behalf of a minor child is maintainable even when filed by the maternal grandmother, if she is the one actually caring for the child.The Court underscored that beneath the technical objection of maintainability lay a deeper issue—whether a...

How Should Courts Try Proclaimed Offenders? Allahabad High Court Explains 'Trial In Absentia' Procedure U/S 356 BNSS

In a significant judgment, the Allahabad High Court recently detailed an exhaustive step-by-step procedure for conducting criminal trials in the absence of a proclaimed offender as per Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023. A bench of Justice Praveen Kumar Giri termed the provision as a 'landmark' one for introducing the concept of 'Trial in Absentia' into...