Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Criminal Procedure Code, 1973, Section 482 -- Revisional jurisdiction u/s 482 Cr.P.C. - In absence of perversity, High Court cannot upset concurrent factual findings - It is not for revisional Court to re-analyze and re-interpret evidence on record...........
Criminal Procedure Code, 1973, Section 195, 340 -- Complaint u/s 340 Cr.P.C - Bar u/s 195 Cr.P.C - One person by way of impersonation was produced before Court and was identified as such before Court and thereafter remand and bail was obtained - Complaint therefore, can only be lodged by Court from which remand was obtained or before whom bail was filed and bail bonds were..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C are quasi civil and quasi criminal in nature - It is a summary trial - It is a summary trial...........
Criminal Procedure Code, 1973, Section 125 -- Proceeding u/s 125 Cr.P.C - Principle of beyond reasonable theory is not applicable to cases filed u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband himself admitted in his cross-examination that he is residing with another lady since two years - This itself shows that there is sufficient reason for wife to reside separately from her husband - Wife is, entitled to maintenance - Husband directed to pay maintenance of Rs.3000/- pm to wife from..........
Criminal Procedure Code, 1973, Section 173(2) -- Re-investigation - At the instance of police or investigating agency cannot be ordered...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Invocation of power u/s 173(8) Cr.P.C could only be sought in a context wherein additional evidence either oral or documentary was collected and a report with reference to those was filed before Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can be directed by Magistrate only on request being made by an investigating agency/officer and that too in circumstances wherein additional materials have been collected in evidence to secure fair investigation and trial...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation is sought to be conducted by a competent officer without report on additional evidence collected and that too in respect of an investigation concluded by an investigating officer - Supplementary report proposed to be filed could only be very same report already taken cognizance of by Court below -..........
