Criminal Procedure Code, 1973, Section 427, 482 -- Concurrent running of sentences - High Court can exercise jurisdiction u/s 482 Cr.P.C and issue direction that sentence imposed by trial Court to run concurrently...........
Criminal Procedure Code, 1973, Section 427, 482 -- Concurrent running of sentences - Petitioner was convicted and sentenced in two cases by same Court - Sentences imposed on petitioner in both the cases shall run concurrently...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioners are implicated solely on the basis of disclosure statement made by co-accused - No recovery is effected from petitioners - Petitioners have been in custody since 06.11.2020 and 23.04.2021 - Challan has already been..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recall of prosecutrix for further cross-examination - Prosecutrix initially supported the case of prosecution in her examination-in-chief, however, in cross-examination she completely disowned the happening of incident - Court in exercise of its powder u/s 165 of Evidence Act asked question with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorce Muslim woman is entitled to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Date from which payable - Trial Court awarded maintenance to wife from date of order - However, as per Rajnesh and Neha case, maintenance should be paid from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Finding of fact regarding monthly income of husband given by trial Court, not permissible to be substituted by revisional Court by its own finding and a different finding while exercising jurisdiction in criminal revision - Impugned order of revisional Court set aside...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Plea that accused was elsewhere at the time of commission of offence - Merely on this ground accused cannot be discharged...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Trial Court dismissed the petition to discharge by holding that disputed question of fact and plea of defence taken by accused cannot be taken into consideration at the pre-trial stage - No legal flaw or infirmity in the impugned order of trial Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Not maintainable on behalf of Proclaimed Offender...........
