Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband tried to conceal his actual income - However, husband admitted his share in agricultural land and its produce and that he is working in factory - Considering minimum wages prevalent in State, income of husband cannot be considered less than Rs.12,000 p.m - Court below erred in considering..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be refused merely because wife not obeying the decree of restitution of conjugal rights passed against her, particularly when appeal against said decree is pending...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 306, 201, 34 -- Anticipatory bail - Cheating - Abetment of suicide - Suicide note - Prima facie materials so collected by prosecution are not sufficient to show that petitioners instigated or intentionally aided deceased to commit suicide - It is not imperative for an effective..........
Criminal Procedure Code, 1973, Section 439 -- Bail - No apprehension that accused will abscond or will hamper trial in any manner - Noting on record that accused is a shady character and earlier involved in any unacceptable activity - Bail granted to accused on conditions...........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Justification - Can be effectively determined by Duty Magistrate/Ilaqa Magistrate...........
Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C. - Cognizance of offence - Where document has been forged and later on produced in Court, bar created u/s 195 Cr.P.C. would not come into play and Court can take cognizance of offence on basis of complaint filed by petitioner...........
Criminal Procedure Code, 1973, Section 156(3) -- Further investigation - After submission of charge sheet by police - Magistrate is within his power to direct further investigation after submission of charge sheet by police in an appropriate case, if he is otherwise satisfied that investigation done by police is improper...........
