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..........
Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
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...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Person cannot be said to `abscond' or `evade' the execution of warrant when he had gone to a distant place before issuance of warrant...........
Criminal Procedure Code, 1973, Section 82, 105 -- Proclaimed offender - Petitioner was at Canada at the time when non-bailable warrants and even proclamation was issued against him which were received back unserved - No effort was made to effect personal service of petitioner through embassy of India located in concerned Country where petitioner was residing at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - At the stage of interim maintenance, a detailed trial or adjudication on actual income is neither warranted nor possible - Prima facie assessment is to be made on basis of pleadings, affidavits and such material as may be available on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While right to fair opportunity and adherence to natural justice are essential, technical delays or procedural lapses cannot defeat the very purpose of provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - An able-bodied person cannot shirk his responsibility to maintain his wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Mere fact that wife herself is qualified and capable of earning does not absolve husband from his statutory duty u/s 125 Cr.P.C., particularly in respect of child...........
