Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 494 -- Anticipatory bail - Petitioner repeatedly joined the investigation - Challan already presented and nothing to be recovered from the petitioner - Complainant has changed stance before High Court - Without expressing any opinion on merits of case, interim bail granted made..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Procedure u/s 82 Cr.P.C. not followed before declaring petitioner as proclaimed offender - No service upon petitioner got effected as he was not an ordinary resident of addresses given in complaint - Moreover, petitioner already appeared before trial Court and has been granted bail - Order declaring..........
Indian Penal Code, 1860, Section 376(2)(i), Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Delayed FIR - Rape of 8-1/2 years old girl - FIR lodged next day of incident by mother of victim - Mother of victim explained the reason for delay while she was examined before Court - Moreover, in rape cases..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 308, 201, 212, 34 -- Cancellation of bail - Murder case - Complainant identified the accused during course of investigation - Eye witnesses supported version of complainant - Factum of incident verified during course of investigation through CCTV footage - Deceased died in the hospital and..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Object and purpose - To enable Court to direct State to pay compensation to victims where compensation u/s 357A Cr.P.C. was not adequate or case ended in acquittal or discharge...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302 -- Murder - Victim compensation - Incident is of 2009 and appeal is of 2010, it will take time if inquiry is conducted by this Court for assessing quantum of compensation payable to legal heirs of deceased - As Court can direct State Government to pay compensation to victims and legal heirs,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and de-freezing of bank accounts - Application not pressed and disposed of as withdrawn - Another application, for the same relief, held, not maintainable...........
Criminal Procedure Code, 1973, Section 154 -- FIR - When any information with regard to commission of cognizable offence is received by Police, Police has to record ditto information in prescribed register u/s 154 Cr.P.C. - While recording FIR officer-i, charge of Police Station is not supposed in the garb of Karyavahi Police to doctor, interpolate or induct his own..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Divorced wife is entitled to maintenance till her remarriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Quantum of maintenance - Husband getting salary of Rs.3000 in 2011, as per his salary slip, which is his basic salary and D.A. and allowances were not mentioned in salary slip of husband - Said salary including D.A. and allowances would certainly be enhanced during last six years - Amount of..........
