Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(2) -- Maintenance - Order allowing maintenance - An appeal u/s 19(2) of the Family Courts Act does not lie against an order passed in proceedings u/ss 125 to 128 of the Code - Criminal revision is maintainable against both interim as well as final order passed u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 367, 452, 506 -- Bail - Offence u/ss 323, 365, 367, 452, 506 IPC - Accused at one point of time was granted interim bail and he surrendered in time - He was carrying sword as written in FIR, but only a danda was recovered from him - Accused was no more required for custodial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Cheating - Allegation that petitioners grabbed compensation amount as awarded to complainant in road accident by manipulation, misrepresentation and playing fraud with complainant - Though undertaking was given by accused for payment of amount, but no such payment..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25 -- Recovery of intoxicating tablets - Recovery from petitioner falls in the category of commercial quantity - Identity of accused is not disputed - Three PWs have already examined - It is thus, not appropriate to grant concession of bail to accused - Bail..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed person - Proclamation - Issuance of proclamation does not meet mandate of S.82 Cr.P.C, as period is less than prescribed period of 30 days - Moreover, petitioner surrendered before trial Court and was granted bail - Purpose of proceeding u/s 82 Cr.P.C has been achieved - Order declaring petitioner as proclaimed person..........
Criminal Procedure Code, 1973, Section 482, 202 -- Order of summons - Quashing of - Accused, Member of Parliament, allegedly made defamatory statements against complainant in a rally and same was published in newspapers by other accused persons - Since, newspapers are circulated at different places therefore Courts of all those places shall have jurisdiction - Order of..........
Criminal Procedure Code, 1973, Section 205 -- Personal attendance in Court - Exemption from - Magistrate granting exemption from personal attendance to accused, Member of Parliament during Rajya Sabha sessions - As per S.205 Cr.P.C. it would essentially be within discretion of Magistrate to grant to such relief in a particular situation - Therefore, exemption granted found..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, 22, 23C, 23A, 15, Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006, Rule 18, Madhya Pradesh Minor Mineral Rules, 1996, Rule 53 -- Illegal mining/transportation of sand -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Bail - Kidnapping and rape - Love affair between parties - Parties are consenting party - Victim solemnized marriage with accused and living with him happily as his wife - Bail granted to accused with conditions...........
