Criminal Procedure Code, 1973, Section 482 -- Direction to police to carry out fair and prompt investigation - No allegation made by petitioner of any police officer being biased or in favour of accused nor any person is impleaded as party to petition - In such circumstances filing of application u/s 482 Cr.P.C seeking fair and prompt investigation by police is nothing but..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Not to be withheld as a punishment...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is to grant bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to the accused involved in that crime...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Object of bail is to secure attendance of accused in the trial and should be granted or refused and proper test to be applied is whether it is probable that party will appear to take his trial...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major child - Child who has attained majority and who is not able to maintain itself on account of physical or mental abnormality is entitled to claim maintenance from father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried daughter though attained majority is entitled to claim maintenance from her father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C is independent and in addition to maintenance awarded under PWDV Act - However, maintenance has to be awarded in a subsequent proceeding after considering the quantum already awarded under the previous proceeding...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Son entitled to maintenance from her father until he attains majority - However, directing father to pay/bear educational expenses of major son cannot be justified either u/s 125 Cr.P.C and/or by taking recourse to S.20 of Hindu Adoption and Maintenance Act, 1956...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Two spells of custody - One spell when police was investigating - Second spell when CBI was investigating - Two spells of custody to be clubbed together for the purpose of claiming `compulsive bail' u/s 167(2) Cr.P.C...........
