Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - When PW4 and PW6 were examined, accused did not receive statement recorded u/s 164 Cr.P.C - Accused thus, has every right to contradict witness with statement recorded u/s 164 Cr.P.C - Recalling of PWs is thus, necessary for just decision of case - Application allowed...........
Criminal Procedure Code, 1973, Section 482 -- Direction to investigate - High Court has no power to direct investigation to be conducted in a particular manner u/s 482 Cr.P.C and u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. is of utmost importance and fair opportunity should be awarded to accused so that no prejudice is caused to him...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused in custody in another case - Application for anticipatory bail is not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left matrimonial home since she could not reside there due to particular circumstances prevailing - She thus, entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been employed in Saudi Arabia - However, actual income of husband is not fully established - It cannot be said that employment in Saudi Arabia is one of permanent nature so as to conclusively found income is static always - Wife got re-married therefore, entitlement of maintenance as far as..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - S.300 Cr.P.C bars trial of a person not only for same offence but also for any other offence on same facts...........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Where accused has not been tried and as such convicted or acquitted, S.300(1) shall not be applicable...........
Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 346, 364, 201, 34, Arms Act, 1959, Section 25 -- Second bail application - Murder - Accused is in long judicial custody - Out of 36 PWs, only 3 witnesses have been examined so far - Conclusion of trial is likely to take a long time - Bail application allowed...........
