Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Defence of son that there are other children to maintain mother and therefore he need not pay maintenance is not tenable in a petition filed u/s 125 Cr.P.C by mother against her son - Even if other children are not maintaining or even if they are taking any negative attitude, it is duty of son to look..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Mother was aged about 92 years at the time of filing application and now she reached the age of 100 years - It is duty of each son to look after his mother - Maintenance @ Rs.2000 rightly granted to mother...........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Recall of witness - Unless there are valid and sufficient grounds for ordering the examination or recall and re-examination of the witnesses concerned, the court shall be loath in restoring to the procedure envisaged u/s.311 Cr.P.C...........
Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - If there is no likelihood of causing a breach of peace, Magistrate would not be justified in exercising power u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Magistrate has come to the conclusion that there was no breach of peace - Matter related to title dispute which is pending adjudication before Civil Court and question of title can be decided by Competent Court - Magistrate rightly closed the proceedings...........
