Criminal Procedure Code, 1973, Section 451, 482 -- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it is the Authorised Officer..........
Criminal Procedure Code, 1973, Section 145, 146 -- Ex parte attachment order - Property in question jointly held by parties without there being any partition in metes and bounds - Order of attachment at the very threshold of proceedings may prejudice the claim of party in possession - An ex parte attachment order if set aside no such miscarriage of justice can be claimed..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 - - Compounding of offence - Cannot be thrusted upon complainant, simply because, accused wishes so - Offence can only be compounded, where both the parties to the litigation are in agreement to the same...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Incomplete challan was presented before trial Court, as FSL report not submitted along with challan within 180 days - No application for extension of time was filed by prosecution after lapse of 180 days - Petitioner thus, entitled to bail u/s 167(2) Cr.P.C - Bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss 22, 29 NDPS Act - Recovery of 5430 tablets of different description, 600 injections and 59 vials containing narcotic substance - Recovery has been effected from matrimonial house of the petitioner and her father-in-law is a licenced..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394 -- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Arrears - Beyond one year - Can be claimed as right to recover such amount does not extinguish...........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
