Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under POCSO Act - Case is at evidence stage - Special Judge has proceeded with the matter expeditiously - Accused is a student pursuing his studies in B.A - Court directs jail authorities to provide all necessary facilities even by allowing accused to attend his classes online - Bail application held, dismissed...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Change of circumstances includes rise in cost of living, fact of inflation, resulting in fall in purchasing power of money and consequent rising cost of commodities which can be taken as grounds for enhancing maintenance...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and daughter - Enhancement - Award of maintenance of Rs.2,000/- each to wife and daughter in 2010 - Daughter in 2016 was in 6th class studying in private school and also taking coaching and thus her expenses had increased - Husband is working as Senior Manager in Bank and his gross salary as admitted by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order declaring accused as proclaimed offender - If accused shows his sincere intention and desire to appear before Court, then it would not be unjustified to protect him from being arrested - Order declaring accused as proclaimed offender set..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, 37 -- Bail - On parity basis - Recovery of 61,000 bottles of 100 ml each of Phensedyl syrup containing codeine Phosphate - Commercial quantity recovered from accused - While granting bail to co-accused neither any reason has been recorded nor provision of S.37..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Statement of witnesses recorded during merg enquiry - Vital piece of evidence for defence of accused - Application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Investigation of case is complete and challan stands presented - Custody of accused is not at all required by police - Statement of prosecutrix has been recorded by trial Court - Accused is neither in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of victim u/s 161 Cr.P.C is quite similar to version of complainant as stated in FIR and thereafter statement recorded by Magistrate has also no deviation from allegation of rape - Father of victim saw accused in torch light who ran away from spot - Statement of..........
Criminal Procedure Code, 1973, Section 102 -- FIR u/s 102 Cr.P.C. - S.102 Cr.P.C. is not an offence - Registration of crime u/s 102 Cr.P.C. itself is illegal - FIR quashed...........
