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..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Husband is working as a salesman on daily basis and earning Rs.350 per day - However, husband is in jail because of his inability to pay maintenance to his wife and child - Since husband is earning Rs.9000 as per his affidavit, he is directed to pay Rs.4500 as interim maintenance to wife and child..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Award of Rs.7000/- p.m. from the date of filing of application and Rs.11,000/- as litigation expenses - No evidence or supporting document with regard to source of income or assets and liabilities of husband filed - However, husband is a fashion designer and MBA not denied - It would not be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Cheating - Main accused have been granted bail - Bail granted to accused...........
