Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Acceptance of Vakalatnama for victim appears to be just not proper and therefore, cannot be allowed to conduct prosecution as Special Public Prosecutor or Public Prosecutor must be independent having no connection or relation either with accused or with victim...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506, 509, 34 -- Offence u/ss 506, 509, 34 IPC - Discharge - Altercation - Beyond this nothing to show that there was any criminal intimidation or outraging of modesty - Accused rightly discharged...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Magistrate while rejecting cancellation report has not recorded any reasons - Impugned order is totally non-speaking and thus, quashed - Matter remanded back to Magistrate to decide the matter afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 228 -- Charge - Advocate - If any legal advice rendered by an Advocate goes wrong, same would not subject him to criminal prosecution, as a lawyer - Order framing charge quashed and set aside and petitioner discharged of all the charges/offences alleged against him...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, trial Court is not required to conduct a meticulous appreciation of evidence or a roving inquiry into the same - Court is only required to prime facie presume whether a case against accused may be made out...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Word `presuming' in S.228 Cr.P.C must be read ejusdem generis to the opinion that there is a ground for forming an opinion that accused has committed alleged offence...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Order to frame charge need not to be a detailed order - If a strong suspicion exists in the mind of Court at the said stage, then same is sufficient for Court to proceed with framing of charge against accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 250 gms Alprazolam - Bail - Recovery effected from accused falls within category of commercial quantity - Accused has been continuously in custody since March 2020 and despite charges being framed on 02.12.2020 till date only one PW out of 14 has been..........
