Criminal Procedure Code, 1973, Section 313(1)(b) -- Examination of accused - In a warrants trial, it is duty of Court to put all material before accused, which is found to be against him while recording evidence of PWs - This could have been dispensed only in a summons case and not in a warrants case and if Court fails in its duty to put across material, which came against..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of application for discharge, trial Court is not required to conduct mini trial but sift through prosecution material and if on probative evaluation of same, prima facie case for prosecution is indicated, application for discharge would not sustain...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-bailable warrant as well as proclamation issued u/ss 82, 83 Cr.P.C against accused - Accused was in family way and was unable to appear before Court concerned at the time when certain processes were issued against her - There is not a total embargo on considering the application for grant of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Bald plea of unemployment cannot be accepted at face value, particularly when person concerned is able-bodied, qualified and experienced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Mere fact that mother is earning does not absolve father of his statutory and moral duty to maintain his minor children - Obligation of a father to maintain his children is independent and continues so long as children are minors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Where both parents are earning, father cannot escape his responsibility, particularly when children are residing with mother and she is bearing primary responsibility of their day-to-day care and upbringing...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Husband is admittedly an MCA graduate with substantial work experience - Plea that he is unable to earn on account of pending litigations is not acceptable - An able-bodied person is presumed to have capacity to earn and intentional or voluntary unemployment cannot be used as an excuse to avoid..........
