Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - Cannot be sustained in absence of conditional order...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - SDM proceeded u/s 133 Cr.P.C without passing a conditional order - Passing of conditional order gives jurisdiction to SDM to proceed further - He treated private dispute as a public dispute - SDM thus, committed jurisdictional error which can be rectified in proceedings u/s 482 Cr.P.C. - Order of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a person offers to maintain his wife on condition of her living with him and she refuses to live with him, then Magistrate may consider any grounds of refusal stated by her and may make an order u/s 125 Cr.P.C notwithstanding such offer, if he is satisfied that there is just ground for doing so...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband never offered to maintain his wife - Stand taken by husband in his reply cannot be said to be an offer made by husband - Maintenance @ Rs.3000 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Mere statement of complainant which is not substantiated by any credible material cannot be ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Improvements made while deposing before trial Court cannot form the basis for exercising extraordinary power u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Major contradiction in the roles of proposed accused as recorded in application/complaint and statement of petitioner/PW1 - These contradictions are creating a doubt for even making a prima facie case in favour of complainant - Application..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding merit whatsoever in the application u/s 319 Cr.P.C., more than prima facie case is to be established from evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
