Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere fact that wife is earning is not a valid ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Application for enhancement of maintenance can be made upon a change in circumstances...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband is employed as a Professor - Salary of husband increased to approximately Rs.75,000 from Rs.70,000 - He does not have any other substantial liabilities, as his mother is a retired government employee and a pensioner, his father is self-sustaining and his sister is also employed -..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Withdrawal of protest petition - Even if protest petition filed by complainant is withdrawn, Magistrate is still competent to independently examine material placed before him and take cognizance if a prima facie case is made out...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by opinion of police upon submission of final report or cancellation report u/s 173 Cr.P.C and has independent power to apply his mind to material collected during investigation - Magistrate is competent to accept cancellation report, to direct further investigation or to disagree..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance and issuing process, Court is only required to see whether a prima facie case is made out on the basis of material available on record and not to conduct a detailed examination of evidence as would be done during trial...........
Criminal Procedure Code, 1973, Section 340, 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.379, 144) - Perjury - Proceedings u/s 125 Cr.P.C. - Merely because wife exaggerated the income of her husband in order to claim maintenance u/s 125 Cr.P.C., it does not mean that such a statement on the part of wife warrants action u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Perjury - In every inquiry u/s 340 Cr.P.C./S.379 BNSS, Court is not bound to make a complaint regarding commission of an offence referred to in S.195(1)(b) Cr.P.C., as S.340 Cr.P.C. is conditioned by words "Court is of opinion that it is expedient in the interests of justice"...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Merely because husband has certain familial obligations would not absolve him of his primary responsibility to maintain his legally wedded wife...........
