Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Murder case - Plea of suicide put forth by accused in his statement u/s 313 Cr.P.C - Even if said plea was found incorrect, that cannot stand alone consideration to convict accused in absence of corroborating evidence - When prosecution failed to discharge burden placed upon it to show that accused..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Trial Court has power to summon any person as a witness, if his evidence appears to be essential to just decision of case - This power to summon, recall or re-examine any witness can be exercised at any stage of trial proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness as Court witness - Murder case - Summoning of brother of deceased on the plea that accused is falsely implicated - Accused relies upon recorded conversation between brother of deceased and mother of accused, wherein he is alleged to have threatened mother of accused and asked her to make accused depose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 23(C), 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.2 kg cocaine - Petitioner apprehended not solely on the statement of co-accused but also arrested as part of search and seizure operation from one of places which was disclosed by co-accused during operation - Not only..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of discharge of an official duty as it..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex-parte judgment or decree u/s 9 of Hindu Marriage Act, cannot be relied within the ambit of S.125(5) Cr.P.C. to deny maintenance to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife took the specific case that..........
Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Criminal Procedure Code, 1973, Section 197, 397 -- Sanction for prosecution - Cannot be gone into by Court in a Revision - Said issue requires examination by Court below before taking cognizance - Court can examine whole materials, and see whether sanction is required to prosecute petitioners and others - Order passed by Court below taking cognizance set aside - Trial..........
