Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Allegations of bias and undue influence raised on the police machinery of State - Accused is a senior judicial officer - Any doubt or apprehension in the minds of appellants who have lost their family member may be dispelled by investigation being carried out by CBI - CBI directed to carry our..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere possession of qualification by wife, who is admittedly not gainfully employed, cannot be a ground to deny or reduce the quantum of maintenance allowance required to be accorded to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two daughters - Husband was earning a gross salary of Rs.82095 pm - Maintenance @ Rs.15,000 pm to wife and children is on lower side - Wife deserves to live as per standard in accordance with emoluments of husband - Moreover, two daughters are of growing age and would definitely require expenses for..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, Court has to shift and weigh the material only for the purpose of forming an opinion as to whether there is any material to frame charge - While doing so, Court has to peruse entire charge sheet along with statements of victim and other witnesses as well as documents..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant in possession of complete details of all accused as well as the witnesses - Neither recovery needed nor any such material evidence is required to be collected which can only be done by the police - In such a case procedure of complaint case should be adopted...........
