Criminal Procedure Code, 1973, Section 311, 285(3) -- Examination of witness through video conference/WhatsApp video call - Witness expressed her difficulty in travelling to Indian embassy i.e coordinator at the remote point - If Court forces them to visit Indian Embassy, given reluctance of witness to travel to Embassy, would cause lack of interest, unnecessary hardships..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cannot be based on exact arithmetical calculations, as interim maintenance is only tentative and is subject to fixation of final maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to parents - Parents/respondents are living separately from the son/petitioner - Mother is employed and father is doing some labour work - Son on the other hand is a engineer and earning Rs.28,500 p.m - It is legal duty of son to support his parents who are unable to maintain themselves - Family Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Long custody - Accused is behind the bars since 24.9.2022 - Prosecution has examined 5 witnesses and 8 witnesses have been given up and 5 witnesses are yet to be examined - Delay in conclusion of trial cannot be attributed to accused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Compromise - Cheating - Matter compromised between borrowers and Bank - Loan account of borrower closed upon payment of amount - Possibility of conviction of accused is remote and bleak - Continuation of criminal proceedings would put accused to great oppression..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In the matters arising out of commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or family disputes where wrong is basically private or personal in nature and parties have resolved their entire..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), (5), (6) -- Bail - Murder - Appellant though named in the charge sheet but he is not named originally in the FIR - He is in jail since 1.8.2023 - Although, there are only 11 witnesses to be examined,..........
Criminal Procedure Code, 1973, Section 235(2) -- Conviction - Sentence - Transfer of Presiding Officer after accused was convicted - New Presiding Officer was required to hear the accused on quantum of sentence only and not on the question of conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Investigation of case is complete and charges were framed and presented - Out of 25 PWs, none has been examined till date - Accused has undergone actual custody of 8 months and 5 days and there is one other case registered against him -..........
