Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. casts higher degree of evidence against person who is sought to be impleaded as an accused than what is available at the time of investigation...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. cannot be exercised at a pre-trial stage, as to bring in another accused - There must be some evidence and for some evidence the trial must commence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - To summon someone as an additional accused who has either been dropped from the charge sheet or never an accused at any point in time, requires evidence that is necessary for drawing up as an accused at the time of filing of charge sheet...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Proceedings initiated u/s 125 Cr.P.C are summary in nature - Findings in these proceedings do not have a binding effect on any other civil or criminal Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be considered at the stage of quashing and same is to be addressed after proper appreciation of evidence during trial...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of complainant and other PWs, and there is no mandate to decide the application u/s 319 Cr.P.C before cross-examination of other witnesses...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
