Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - At the stage of quashing an FIR, Court is not required to go into truthfulness of allegations levelled in FIR and if a case for commission of offence is made out, then High Court should refrain from exercising power u/s 482 Cr.P.C in the matter of quashing of FIR...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389 -- Recovery of 465 kg poppy husk - Suspension of sentence during pendency of appeal against conviction - Accused has undergone approximately 9 years of his substantive sentence of 12 years - He was also convicted in other FIRs - However, appeal in present case is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can claim maintenance despite decree of Restitution of Conjugal Rights having been passed against her, but only if husband in any way has obstructed her from obeying such decree...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Wife failed to bring any material on record regarding any obstacles created by husband in obeying such decree - It is wife who challenged said decree before appellate Court - No sufficient cause has been shown by wife for withdrawing from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Income of father assessed as Rs.5000-7000 p.m by Court below - Maintenance awarded to child @ Rs.3000/- is sufficient and reasonable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 496, 498A -- Anticipatory bail - Misappropriate of stridhan - Mere non-recovery of certain disputed dowry articles cannot be a ground to decline concession of anticipatory bail to accused, more so when accused is not required for further investigation...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326 -- Bail - Offence u/s 326 IPC - Challan presented - It is a case of version and cross-version - It is yet to be ascertained as to which party was aggressor - Co-accused granted ad-interim bail - Accused has been in custody since 25.6.21 - PWs are yet to be examined - Trial of case would take..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Complainant alleged that accused and his mother-in-law has forged his signatures and signed his resignation letter as a director of their company - Anticipatory bail are arising out of a matrimonial..........
