Criminal Procedure Code, 1973, Section 154, 156, 157, 173(2), 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Cognizable Offence - FIR - Police Officer is not entitled to proceed u/Ss.154, 156, 157 of Cr.P.C - Offence being cognizable by itself, does not enable Police Officer to register an FIR for an offence u/S.188..........
Criminal Procedure Code, 1973, Section 2(d), 172(2) -- Complaint - Complaint does not include Police Report...........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Prosecution for contempt of lawful authority of public servants - Prohibits complaint for offences that is committed during Court proceedings - Such offence committed during Court proceedings like forgery, impersonation, perjury etc., by itself may be cognizable in nature, but that does not empower Police Officer to..........
Criminal Procedure Code, 1973, Section 173(2), 195, Indian Penal Code, 1860, Section 188, 21 -- Disobedience to order duly promulgated by public servant - Public Servant - Plea that Final Report filed before Court u/S.173(2) Cr.P.C., must be constructed as complaint u/s.195 is not sustainable - Words used u/S.188 IPC "public servant lawfully empowered" and word used..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 302, 341, 148, 149, 201, 120-B IPC and S.27 Arms Act - Admittedly co-accused are already released on bail - Even, all material witnesses have been examined - As trial may take some time to conclude and no purpose would be served by keeping the petitioner in custody therefore, bail granted...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Wife is a practicing advocate and is earning - Grant of maintenance of Rs.7,000 p.m to wife from total take home salary of Rs.16,500 by husband is sufficient and proper - Said salary of husband remained uncontroverted - No interference warranted in impugned order of maintenance granted to wife...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Misleading Court by concealing material facts - Court which granted bail, cannot reject bail already granted, as Court is not in a position to review its earlier order - Only remedy available is to file an appeal against order granting bail - Application for cancellation of bail rejected...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application - Change of fact situation or law is sine qua non for a second application for pre arrest bail - A fact, which was not in existence at the time of dismissing earlier application but which has come into existence subsequently, can only be considered as a change in fact situation...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application - Normally a person is not entitled to file second application for bail on the ground that Court on earlier occasion failed to consider any particular aspect or material on record - A plea for review of earlier order cannot be permitted to be made under the guise of a second application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court not to go deep into merits of the matter while considering an application for grant of bail...........
