Criminal Procedure Code, 1973, Section 125, 91 -- Maintenance to wife - Production of income tax return and bank statement of Firm of wife - Wife has not only filed an affidavit but also copies of income tax returns from which it can be easily ascertained that what is the income of wife and whether she is in a position to maintain herself or not - Moreover, application of..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details records and tower location - Call details of police officials - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C would violate the right of privacy of police officials but right of accused u/art 21 of Constitution in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nullity of marriage even if it is declared by a competent civil Court is not a bar for wife to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay itself cannot be a reason for disqualifying wife to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Investigating agency have power u/s 102 Cr.P.C to seize the bank accounts, an action which falls within the scope of term seizure of "property" as used in said Section...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Requirement for seizure u/s 102 Cr.P.C is that there must be a nexus between bank account and offence alleged so as to give rise to a suspicion qua commission of offence...........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
