Criminal Procedure Code, 1973, Section 157 -- Non compliance of S.157 Cr.P.C. - Even when prosecution fails to prove that S.157 Cr.P.C. was complied with then also the effect thereof has to be assessed - Merely delay in compliance of S.157 Cr.P.C. by itself is not fatal to prosecution - All it does is to raise a doubt that prosecution story may have been concocted at a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Rs.39.30 lacs reserved for narcotic business - Co-accused already granted bail - Petitioner has no criminal background - Petitioner is in custody since Feb 2018 - Charges have been framed and only 4 PWs examined out of 25 PWs -..........
Criminal Procedure Code, 1973, Section 204 -- Summoning of accused - For passing summoning order no detailed and meticulous reasoned order is expected...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Prior litigation pending between parties - Accused assaulted complainant party with lathi and tamancha - They chased complainant who tried to hide himself in a room of tubewell but they did criminal trespass, threat and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife getting pension - Cannot be taken as a ruse to disallow maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife doing coolie work by wife to eke out livelihood - Not a ground to discard her claim for maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave husband as he had second marriage - There is no proof that wife voluntarily deserted husband due to her adulterous conduct - Husband admitted that he is having dhaba house worth Rs.8 to 10 lakhs and he was earning Rs.5,000 to 6,000 p.m. - Maintenance @ Rs.3000 p.m. to wife held,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22(c) -- Bail - Offence u/ss 21, 22(c) NDPS Act - Recovery of 75 boxes of Tramadol Hydrochloride containing 18750 tablets - Petitioner is not involved in any other case under NDPS Act - Even, petitioner is in custody for last 01 year, 02 months and 07 days -..........
