Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Deleted accused - Magistrate can take cognizance against deleted accused, if it finds some material against deleted accused before committing case u/s 190 Cr.P.C - Order of Sessions Court to add the array of deleted accused has to wait till the case reaches the stage of S.319 Cr.P.C is unsustainable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
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...........
