CrPC 126 - Procedure Archives - Shades of Knife

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

ShadesOfKnife — Thu, 05 Jun 2025 02:54:15 +0000

A single Judge of AP High Court (Erstwhile Combined High Court for TS and AP) held that Evidence must not be taken via Affidavit as per Sec 126(2) CrPC in a Sec 125 CrPC case. From Para 6, 6. Undoubtedly the proceedings before the court below are under section 125 Cr.P.C., though it is registered […]

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BNSS Sec 145 – Procedure

ShadesOfKnife — Sat, 08 Jun 2024 09:20:15 +0000

145. Procedure (1) Proceedings under section 144 may be taken against any person in any district— (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father […]

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Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

ShadesOfKnife — Tue, 12 Mar 2024 05:24:58 +0000

A single judge of Madhya Pradesh High Court at Gwalior bench held as follows, From Para 9, 9. Thus, the proceedings under Section 125 of Cr.P.C. may be taken against any person in any district where he or his wife resides or where he last resided with her wife or as the case may be […]

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CrPC 125 Must Go From Statute Book. And Why?

ShadesOfKnife — Fri, 30 Nov 2018 16:19:56 +0000

Here is a little detailed analysis on why CrPC 125 Must Go From Statute Book as discussed in here. Let’s follow this approach on looking at what the General Law provides for and in superseding fashion, how these two Special Laws provide for same or better or faster or hassle-free reliefs to the same set […]

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CrPC 125 Must Go From Statute Book

ShadesOfKnife — Sun, 11 Nov 2018 07:27:03 +0000

I firmly believe that CrPC 125 should be struck down or repealed from Statute Book. I present my points, briefly, to conclude CrPC 125 is a vestige from the past and it should go out. Introduction There are a set of 4 sections in Criminal Procedure Code of India (hereinafter, CrPC) that mandate that ‘wives, […]

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Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015

ShadesOfKnife — Sun, 14 Oct 2018 21:37:33 +0000

In this judgment of Hon’ble High Court of Andhra Pradesh, it was held that “the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions” in the petitions contesting the maintainability of 482 CrPC quash in DV Cases. See Page 5, last para… Needless to say if any appeal is […]

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Anil Ambashankar Joshi Vs Reena Anil Joshi And Anr on 5 December, 2016

ShadesOfKnife — Thu, 26 Jul 2018 08:11:50 +0000

In this judgment from Hon’ble High Court of Bombay, it is held that in a case of CrPC 125, whereby a knife comes begging for maintenance, she has to step into the witness box and depose her evidence. Affidavit of Evidence is not permitted per CrPC 126(2). The affidavit of evidence filed by the Petitioner […]

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CrPC 126 – Procedure for CrPC 125 Case

ShadesOfKnife — Thu, 26 Jul 2018 08:08:09 +0000

(1) Proceedings under section 125 may be taken against any person in any district- (a) where he is, or (b) where he or his wife, resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. (2) All evidence in such proceedings shall […]

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