Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate directing investigation u/s 156(3) Cr.P.C. - He cannot be said to have taken cognizance - It is only when Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to S.200 Cr.P.C. he can be said to have taken cognizance of the offence...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Application for pre arrest bail is maintainable...........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Accused has no criminal history - No credible evidence against accused - Accused undertakes to co-operate during proceedings before Court below - Considering nature of accusations and antecedents of accused, anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, 441 -- Bail - Surety conditions - Court should examine socio economic conditions of a prisoner while fixing surety conditions - Such conditions should not be fixed which cannot be satisfied by prisoner on account of his destitute circumstances or conditions of want or deprivation faced by him - Onerous or arbitrary conditions..........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Non-recovery of dowry articles cannot be made a ground to deny concession of bail to petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
