Criminal Procedure Code, 1973, Section 125 -- Maintenance - Court while determining quantum of maintenance has to consider factors like : (a) Residential comfort; (b) Health care standards; (c) Social and economic status of both parties; (d) Qualification and employment; (e) Sources of income and assets; (f) Marital standard of living bench mark; (g)Inflation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should mirror the life style of wife during period of their married life...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is ample evidence for recording more than a prima facie satisfaction regarding involvement of applicant in commission of offence - Nothing more is required to be done by trial Court while deciding an application for summoning an accused person u/s 319 Cr.P.C - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statutory requisites for summoning any person not being accused viz.: (a) such person has committed an offence; (b) his complicity is revealed from evidence collected during inquiry or trial; and (c) for such offence, he can be tried together with accused already facing trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court should not conduct a mini-trial at the stage of considering an application u/s 319 Cr.P.C., as expression used is `such person could be tried' and not `should be tried'...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Specific role assigned to respondent No.2 by eye witnesses indicating that he was present at the scene of occurrence armed with a stick - First informant categorically mentioned him as one who came along with others with a common intent, abusing and beating, causing death of his brother, apart..........
Criminal Procedure Code, 1973, Section 173 -- Final report - Filing of a final report is not optional, but a mandatory statutory obligation...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Once an FIR is registered and investigation is completed, police are legally bound to file a final report whether recommending prosecution or closure before jurisdictional Magistrate or Special Court...........
