Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, Indian Penal Code, 1860, Section 420 - - Offence u/s 61 Punjab Excise Act and S.420 IPC - Liquor recovered from vacant plot accessible to all - There is nothing on record to attach petitioner with the said recovery - Petitioner has already joined the investigation and he is not required for..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay may be condoned if complainant appears to be reliable and without any motive for implicating accused falsely...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Criminal Procedure Code, 1973, Section 311 -- Examination of expert and marking Forensic Lab report of expert along with documents sent for comparison - Entire criminal proceedings initiated on the basis of enquiry report u/s 81 of T.N Co-operative Societies Act - Proposed document to be marked by prosecution is nothing but FSL expert report filed by Enquiry officer - No..........
Criminal Procedure Code, 1973, Section 144 -- Imposition of prohibitory order - District Magistrate imposed restriction for purpose of completion of Lok Sabha Election 2019 - Intention behind such order is to ensure public tranquility and avoid breach of peace, thereby ensuring that there is no endangerment to human life or property - Said restriction thus, cannot be held..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder case - Intimation to Magistrate sent by post - It cannot be said that shape has been given to story later on or that there was delay in receipt of intimation of report by Magistrate...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 504, 506 -- Sanction for prosecution - Respondent though Member of Parliament was addressing political meeting as part of campaign - Therefore, not discharging official duty in that capacity - Sanction u/s.196 Cr.P.C. not required...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife nowhere pleaded in her application that he is unable to maintain herself - However, there is specific pleading in the application that wife is facing great scarcity of funds and she has to arrange money for day to day expenses of household - Said averments gives no other meaning..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified person and his annual package of salary is Rs.8.5 lakhs - Father of husband was a government contractor - Husband paying EMI of Rs.25,964 p.m and also Rs.10,000 as rent, his income cannot be less than Rs.50,000 p.m in any manner - Wife held, entitled to maintenance @ Rs.10,000 p.m..........
