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...........
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 - 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 - 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 439(2) -- Cancellation of bail - Addition of graver offence - When a graver offence is added, accused who is on bail has an option of surrendering before Court and apply for bail for newly added offence or even investigating agency, on addition of a graver offence, has an option to proceed to arrest accused but before doing so, it..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Rejection of a bail application by Sessions Court does not operate as bar for High Court in entertaining a similar application u/s 439 Cr.P.C on the same facts and for same offence...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - When Court is seized of application case u/s 321 Cr.P.C. thereupon, it became enjoined to not assess quality of evidence adduced by prosecution and nor to discover therefrom whether prosecution case would end in acquittal or conviction rather the only duty enjoined upon Court is to assess whether..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a)(i) -- Offence u/s 188 IPC - Court cannot take cognizance of offence u/s 188 IPC without there being a complaint from public servant or his superior...........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
