Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money Laundering - Appellants are in custody for about one year and one month - Charge has not been framed - 29 witnesses have been cited and about 50 documents are relied upon which run into 4000 pages approximately - Trial is not likely to commence as even charges..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - S.107 Cr.P.C specifically speaks of requirement of Executive Magistrate arriving at an opinion that there is sufficient ground for proceeding u/s 107 Cr.P.C - On mere submission of a report by SHO, Magistrate is not duty bound to act...........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - S.107 Cr.P.C is not liable to be invoked, when there is little chance to breach of peace or disturbance to public tranquility specially in cases where crimes pertains to individual disputes...........
Criminal Procedure Code, 1973, Section 107 -- Preliminary order passed u/s 107 Cr.P.C - Allegation against petitioner is one of rape as against defacto complainant in the first crime and second it is the same de facto complainant who alleges that petitioner had threatened her - Said facts does not justify invocation of S.107 Cr.P.C - Preliminary order passed u/s 107..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Arrears of maintenance - Have preferential right over the assets of the husband, over and above, the rights of a secured creditor or similar right holders, under any recovery proceedings - Wherever such proceedings are pending, that forum is directed to ensure that arrears of maintenance, are released forthwith -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Change of law by itself cannot be a ground for finding fault with acquittal judgment rendered in favour of accused...........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - There is hardly any acceptable explanation to condone huge delay of 1184 days in presenting appeal - Nothing is mentioned as to why State waited for 3 years to file appeal - Application for condonation of delay dismissed...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Revision petition is not maintainable without filing certificate u/r 311(3) of Rules of High Court of Judicature of Rajasthan...........
Criminal Procedure Code, 1973, Section 482, 397 -- Application u/s 482 Cr.P.C - Availability of alternative remedy of criminal revision by itself is not a good ground to dismiss an application u/s 482 Cr.P.C...........
