Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
Criminal Procedure Code, 1973, Section 397 -- Revision - No requirement of surrendering of accused before Court and to be confined or in jail for preferring revision before High Court...........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202(2) Cr.P.C - Only three witnesses of fact have been examined at the stage of inquiry before summoning the accused - Admittedly, doctor who examine injured has not been summoned and examined u/s 202 Cr.P.C - Magistrate did not find necessary to call upon complainant to examine all his witnesses on a premise..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband stated that he is receiving Rs.19,191 as salary - Nothing was shown by him that he was only person to maintain his family - Truthfulness of averments may find disposal when application filed u/s 125 Cr.P.C is decided - Maintenance @ Rs.6000 pm rightly granted to wife...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Factual aspects may not be considered at the stage of revision...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Unlawful contract between parties where money was being paid for securing job in government or private sector - Object of dispute manifestly rife with mala fide intentions of only recovering tainted money by coercion and threat of criminal proceedings - Such criminal prosecution should not be allowed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court cannot apply its judicial mind for scrutinizing the fact as to whether that evidence available on record is sufficient for conviction or not...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
