Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 29, 61 -- Bail - Offence u/ss 15(c), 29, 61 NDPS Act - Recovery of 110 kg poppy husk - Recovery made from truck which petitioner was driving was of 30 kg of poppy husk - The same is non-commercial quantity - Petitioner is not involved in any other case - Challan..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Cancellation of order allowing maintenance on the ground of husband getting ex parte decree of restitution of conjugal rights - Cancellation order passed mechanically without discussing the effect of such ex parte decree on the wife's claim to maintenance - Husband after passing of decree of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea that wife is earning - Even if wife is earning, husband is legally and morally bound to maintain her - Maintenance u/s 125 Cr.P.C is to prevent vagrancy - Wife is equally entitled for living standard which she was enjoying while living with her husband - Interim maintenance rightly awarded to wife and..........
Criminal Procedure Code, 1973, Section 482 -- Fabrication of documents - Not permissible even if it did not cause any revenue loss to the Govt. - Impugned order, quashing FIR, set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Statements u/ss 161, 164 Cr.P.C available on record - Veracity of the same cannot be examined in a petition u/s 482 Cr.P.C, as that would amount to appreciation of evidence which is not permissible at this stage...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Victim has not identified accused during course of trial - There is no DNA examination conducted in the case - Conclusion of trial is likely to take sometime - No fruitful purpose will be served by detaining accused in further custody - Without expressing any opinion on merits..........
