Criminal Procedure Code, 1973, Section 439 -- Bail - Criminal history - Criminal history must be of cases where accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused and not when accused acquitted or discharged or when Courts quashed the FIR, prosecution stands..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 323, 148, 149 -- Anticipatory bail - Petitioner also involved in case of intermediate quantity under NDPS Act and is on bail - Previous criminal history of petitioner would not come in the way for getting bail - Without commenting on merits of case, petitioner makes a case for bail - Bail..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Anticipatory bail - Recovery of 10 grms heroin - No recovery has been effected from petitioner - Petitioner has only been involved on the basis of disclosure statement made by co-accused without there being any other connecting evidence - Moreover, recovery..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court should not embark upon an inquiry regarding reliability or genuineness of document as the same is the task to be undertaken by investigating agency...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 463, 464 -- Quashing of FIR - Forged document - FIR discloses commission of cognizable offence, which requires to be investigated - Meticulous appreciation of material is not required to be done at this stage - There is no ground for quashing FIR - Petition for quashing FIR dismissed...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Amount given u/s 125 Cr.P.C is always taken into account before fixing maintenance in other proceedings like proceedings under PWDV Act, proceedings u/s 24 of Hindu Marriage Act etc...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Mere fact that wife is capable of earning is no ground to deny interim maintenance to wife...........
