Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising inherent jurisdiction u/s 482 Cr.P.C, High Court is not supposed to conduct a mini trial...........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized funds - Main accused is absconding and role of respondent No.2 can only be ascertained once main accused is arrested - Release of sale value of concerned shares in favour of respondent No.2 may cause an irreparable loss to appellant and vitiate the entire investigation - Moreover, when investigation is..........
Criminal Procedure Code, 1973, Section 482 -- Disputed questions of fact can only be adjudicated upon by trial Court after giving adequate opportunities to parties to adduce their evidence...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Divorced wife who lives in adultery/illicit relationship with man other than her former husband is disqualified from claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Show cause notice is essential before forfeiting surety bond...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Hearing of affected party is mandatory, as non-affording of such opportunity of hearing would be gross violation of principle of natural justice...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Separate orders are required to be passed by Court firstly at the time of cancellation of bail bonds and secondly when penalty is imposed...........
