Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Right of I.O. for further investigation u/s 173(8) Cr.P.C is not taken away only because charge sheet is filed u/s 173(2) Cr.P.C against accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While calculating salary of husband deductions to be made are income tax and professional tax - Deductions such as provident fund contribution, house rent recovery, furniture recovery, towards loan obtained, LIC premium and festival advance are accruing to the benefit of husband only and not deductible..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a Branch Manager working in SBI receiving salary of more than Rs.1 lakh pm - Family Court rightly awarded Rs.15,000 pm to wife and Rs.10,000 pm to daughter...........
Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Contraband - Application for bail filed by accused after the charge sheet has been filed, which extinguished the right of default bail - Special Judge rightly accepted the application for extension of investigation, as special Judge has..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 22(b) -- Contraband - Default bail - On the date of petition for default bail neither charge sheet filed nor order for extension of time to complete investigation granted - Default bail granted...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate - Power to order further investigation after a police report has been forwarded u/s 173(2) Cr.P.C, would continue to enure in the Magistrate at all stages of criminal proceedings until a trial itself commences...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere delay in trial pertaining to grave offences, cannot be used as a ground to grant bail...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D, 17, 18, 19, Arms Act, 1959, Section 25, 54 -- Bail - Offence u/ss 17, 18, 19 of Act of 1967 and Ss.25, 54 of Arms Act - Charges in the case reveals the involvement of a terrorist gang which includes different members recruited for multiple roles - Hence, mere fact that..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Defence has no right to invoke S.91 Cr.P.C to prove his innocence - Documents, if necessary and desirable, can be produced by accused or by some other person at the asking of accused at the time of leading his defence - However, if Court is satisfied that there is a document or material of sterling..........
