Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Conduct of an accused can be a justifiable reason for Court to refuse to exercise its power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - While considering maintenance claims of children, denial of love and affection is also a determinative factor, even though loss cannot be compensated with money...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband neglected and refused to maintain wife and child - Wife has no means to maintain herself and child - Husband on the other hand is an able bodied worker/packer aged only 43 years - He is living alone, as his parents are no more - Child aged about 10 years is denied the care, love and..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For exercise of power u/s 319 Cr.P.C. evidence on record must show the involvement of a person in commission of a crime and that said person, who has not been arraigned as an accused, should face trial together with accused already arraigned...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not named in FIR - However, he is named as one of assailants - Material for forming requisite satisfaction cannot be said to be non-existent - Accused rightly summoned...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Mere virtual presence of accused will not serve any purpose if he is not aware of filing of application for extension of investigation and there are no materials to suggest that accused was granted an..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Court failed to inform the accused as regards filing of application for extension of investigation and also failure to inform him of his right to object - Order allowing application for extension of time..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Statutory power u/s 391 Cr.P.C can be invoked by Court at any stage if circumstances prove that production of evidence prayed for is necessary for just decision of case and accepting the same would meet the needs of justice...........
