Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should be made payable from the date of application and not from the date of order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is bound to provide maintenance allowance to his wife and children which may be upto 25% of his monthly income...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife is unable to maintain herself and two minor daughters - Husband on the other hand has sufficient means and is still neglecting to maintain them - There is thus, sufficient ground to enhance the maintenance amount - Wife is entitled to Rs.4000 pm as maintenance and Rs.3000 pm to each..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Seven accused acquitted and remaining two convicted - Summoning order passed after acquittal of accused is not in accordance with law...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Person can only be summoned as an accused, when Court after analyzing the evidence available on record strongly feels that there is sufficient and overwhelming evidence available on record and it is expedient for justice to summon him as accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 of the Act as proclamation was `announced in the public' but not `read publically' - Order declaring accused as proclaimed person, set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
