Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 148, 149 -- Anticipatory bail - Offence u/ss 323, 452, 148, 149 IPC - Allegation that 12 persons entered the house of complainant at about 8.15 pm armed with dangs, lathis, baseballs and spades in threatening, intimidating and inflicted injuries on complainant and on other family members..........
Criminal Procedure Code, 1973, Section 154, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Pre FIR stage enquiry - Offence u/s 13(1)(e) of the Act - Pre FIR stage enquiry is not only permissible but desirable, more particularly in cases where allegations are of misconduct of corrupt practice acquiring assets/properties disproportionate to his known sources of..........
Criminal Procedure Code, 1973, Section 154 -- Pre FIR stage enquiry - Permissible only to ascertain whether cognizable offence is disclosed or not and only thereafter FIR would be registered...........
Criminal Procedure Code, 1973, Section 154 -- Pre FIR stage enquiry - Enquiry at pre-FIR stage/Preliminary enquiry - (i) such enquiry cannot be said to be a fishing or roving enquiry; (ii) where accused was called upon to give his statement during course of open enquiry, such a statement cannot be said to be a statement u/s 160 Cr.P.C and/or statement to be recorded during..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Phone call - Cryptic phone call without complete information or part information about commission of a cognizable offence cannot always be treated as an FIR...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Phone call - Murder - Intimation given by two individuals merely set out bare facts of an attack - Information was incomplete - Neither name of victim nor even precise location where incident occurred were mentioned - Said intimation therefore, could not be treated as an FIR...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted subject to deposit of Rs.1 lakh in Court - While granting default bail, condition of deposit of alleged amount cannot be imposed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Provision is applicable to accused arrested under NDPS Act...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - It is for wife to establish that husband was earning some amount from business of his father and that even after death of husband's father, business was continued by family members - In absence of same, fixing of salary of husband at Rs.30,000 pm by Family Court and awarding Rs.12,500 for wife and..........
