Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Word "may" occurring in S.156(3) Cr.P.C is of utmost significance - It gives Magistrate a discretionary power to order or not for an investigation into the cognizable offence disclosed in the application...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Proper investigation is needed in the case in view of nature of allegations levelled by applicant - Order of rejection of application u/s 156(3) Cr.P.C set aside - Matter remanded for fresh consideration...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized amount - Condition of furnishing bank guarantee - Petitioner is a victim of a cyber fraud - Investigating agency has not been able to find out the details of account holders till date - No fruitful purpose would be served by keeping the amount of Rs.2,57,000 on hold - Impugned order modified to the extent..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by concealing criminal antecedents - Bail cancellation application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Filing of an anticipatory bail application during pendency of regular bail application is misuse of process of Court - Application for anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 408 -- Transfer of case - Simply because some adverse orders been passed against accused during course of trial, no presumption or assumption will arise that judge is seriously prejudiced...........
Criminal Procedure Code, 1973, Section 408 -- Transfer of case - District Judge after committal process, made over case to III Additional District Sessions Judge - Order passed u/s 194 Cr.P.C is purely an administrative in nature - Administrative order cannot be questioned unless it is apparently illegal - No ground found to transfer the trial to some other Judge -..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Unmarried daughter is entitled for maintenance from her father till she is married even though she has become major, which is statutory right recognized by S.20(3) of Hindu Adoptions and Maintenance Act - Family Court directed to..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Jurisdiction of Family Court - Family Court has got jurisdiction to decide the case u/s 125 Cr.P.C as well as maintenance suit u/s 20 of Hindu Adoptions and Maintenance Act so as to avoid multiplicity of proceedings...........
