Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Criminal Procedure Code, 1973, Section 200, 202 -- Private complaint - Accused not summoned as additional accused - Attempt to summon those accused in a private complaint - Amounts to abuse of process of law - It amounts to an attempt to reagitate the same grievance which had already been decided in proceedings u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 CrPC is triggered not by conjecture but by "evidence" that surfaces in Court...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Abetment of suicide - Respondent together with others stopped a car, confronted deceased and told deceased that he and his family ought to drown themselves for failing to retaliate - PW-1 further described immediate impact of those words that deceased..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of accused in other criminal cases cannot be sole ground to deny him concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 364-A, 506, 34 IPC and S.25 of Arms Act - Petitioner is behind bars for last 10 months and 21 days - Out of total 18 PWs, only 4 have been examined so far - Conclusion of trial will take considerable long time - Culpability if any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere omission to pass a formal remand order, does not by itself, entitle an accused to bail - Cumulative effect of long period of incarceration, consistent failure of authorities to comply with production warrants, and absence of valid remand orders cannot be overlooked - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Despite repeated issuance of production warrants on multiple dates, jail authorities have consistently failed to produce petitioner before trial Court - Persistent non-compliance has resulted in the prolonged incarceration of petitioner without benefit of a valid remand order or even opportunity to be heard before Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
