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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Offence u/ss 304-B, 34 IPC - As per the allegations petitioner has demanded motorcycle and other dowry articles from complainant - However, recovery memo prepared reflects that motorcycle has already been recovered - Moreover, trial will take sufficient long time as against..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and daughter of accused - As per FIR, son of complainant has fallen sick and was admitted in various hospital and ultimately died and only after his death complainant came to know that actually his son had a love affair with daughter of accused and they were..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Once opportunity to cross-examine complainant and his witnesses has been closed by order of the Court, after granting so many opportunities, then moving application u/s 311 Cr.P.C. by any means, cannot be taken as any bonafide exercise on part of the party filing application u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451, 482 -- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it is the Authorised Officer..........
Criminal Procedure Code, 1973, Section 145, 146 -- Ex parte attachment order - Property in question jointly held by parties without there being any partition in metes and bounds - Order of attachment at the very threshold of proceedings may prejudice the claim of party in possession - An ex parte attachment order if set aside no such miscarriage of justice can be claimed..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
