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..........
Criminal Procedure Code, 1973, Section 437 -- Bail - S.437 Cr.P.C would come into play when accused is arrested or detained or when summons or warrant is issued against accused for causing him to be brought or to appear before Court - In absence of any order for issuance of summons or warrant u/s 204 Cr.P.C or under any other provision of Cr.P.C, summons could not have..........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - No order passed by Special Court for issuance of summons or warrant against appellant - However, summons u/s 61 Cr.P.C came to be issued requiring appellant to appear before Special Court, appellant appeared and applied for his release on bail -..........
Drugs and Cosmetics Act, 1940, Section 23, Criminal Procedure Code, 1973, Section 482 -- Sample of drug - Quashing of proceedings - Inspector while taking sample has not followed mandatory provisions of S.23 of the Act - Applicant was neither involved in the affairs of company nor was in-charge of key personnel running the company at the time of alleged offence, as he had..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of Income Tax Return - Matter remained pending for securing presence of accused from the year 2009 to 2014 - Again matter remained pending for cross-examining the complainant and opportunity of cross-examining the complainant was closed - After..........
Drugs and Cosmetics Act, 1940, Section 18(c), 22(1)(cca), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 18(c), 22(1)(cca) of the Act - Father of accused was a registered Homeopathic Doctor on the date of inspection - Procurement of medicines and payment in 2011, 2012, 2013 cannot be said to be per se illegal - Merely because accused could have personally..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is suffering from various ailments - Irrespective of age and ailments from which husband may be suffering, since he is recipient of regular monthly income from various sources, he cannot be permitted to deny/neglect maintenance to wife who is not intentionally living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is living with his daughter and son-in-law - Wife is 75 years old and is living with her son - No material on record that wife is living separately without any sufficient reason - She is not capable to maintain herself through her independent income - Husband apart from..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
