Hon’ble High Court of Kerala has held that “there is no legal evidence on record to show that it was his house, which was searched. The trial Court failed to appreciate that legal position, while convicting the appellants, which needs interference.”
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In this case, the Kerala High Court dismissed husband’s claim for maintenance from his wife holding that maintenance under Section 24 of Hindu Marriage Act, 1955 is to be paid to the husband only when he is able to prove any incapability or handicap.
The Court also observed that in absence of such circumstances as enumerated above, endowing maintenance on the husband would only promote idleness.
The Court also remarked that a husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or obligation to maintain the wife and vice versa is only exceptional.
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High Court of Kerala has held that when the P.W.1 admitted that the accused have not harassed her mentally or physically. Even though she was cross examined after declaring her as hostile, even in the cross examination she deposed that she has no complaint against the accused and the matter has been settled out of court, Court will be justified in exercising the jurisdiction under Section 482 of the Code of Criminal Procedure, in the light of the decision of the Apex Court in Gian Singh v. State of Punjab (2012 (2) KLT 1098 – SC)
In this judgment from Hon’ble High Court of Kerala held that,
Legal Point:
Section 198(1) of the Cr.P.C provides that no court shall take cognizance of an offence punishable under Chapter XX of the IPC except upon a complaint made by some person aggrieved by the offence. Section 493 comes under Chapter XX of the IPC. Therefore cognizance could be taken only upon a complaint. Section 2(d) of the Cr.P.C which defines ‘complaint’ specifically excludes a police report.
Finally,
if a complaint contains allegations about commission of offence under section 498A of the IPC which is a cognizable offence, apart from allegations about the commission of offence under section 494 of the IPC, the court can take cognizance thereof even on a police report. That is not the case in the present case. Here section 420 IPC, a cognizable offence, was shown in the FIR and the charge-sheet without any basis whatsoever. You cannot bypass section 198 of the Cr.P.C by simply adding a cognizable offence in the FIR and the charge-sheet without any basis as was done in the present case. Section 420 IPC was shown in the present case only to get over the bar under section 198 (1) of the Cr.P.C. That ‘smartness’ cannot be permitted. Magistrates shall be very careful and cautious when they are called upon to take cognizance of an offence falling under Chapter XX of the IPC upon a police report. The Magistrate shall ascertain whether the investigating officer included a cognizable offence in the FIR, charge-sheet et cetera only to get over the bar under section 198 (1) of the Cr.P.C. It is crystal clear in the present case that section 420 of the IPC is shown only to bypass the bar under section 198 (1) of the Cr.P.C.
In this case, the knife alleged illicit relationship between the 1st accused and the petitioner herein.
Update: Since there is personal information displayed in the judgment, with due respect to and on request of the parties involved, the address particulars are removed in the below PDF.
Further Update as on 22-08-2020:
Upon further request received on Whatsapp and on call, I decided to oblige the caller and her husband, to remove the name of the petitioner also from the title, tag and pdf judgment.
Citations: [2015 SCC ONLINE KER 2315]
Other Source links: https://indiankanoon.org/doc/29927975/ or https://www.casemine.com/judgement/in/5ac5e3c04a93261a672b6712
Anticipatory bail granted by Kerala High Court for offence under section 324 of IPC
Anticipatory bail granted under section 438 of IPC against an offence under section 324 of IPC (voluntarily causing harm).
Bail conditions
1) The petitioner shall appear before the Investigating Officer on all Saturdays in between 10 a.m and 12 noon for a period of two months.
2) The petitioner shall not commit similar offences during the bail period.
3) The petitioner shall not influence or intimidate the witnesses.
4) The petitioner shall co-operate with the investigation.
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