Criminal Procedure Code, 1973, Section 125(3) -- Maintenance to wife - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband - Striking off contentions of husband is neither a mode of enforcement nor a substitute for recovery - Impugned order of striking off..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction - No allegation levelled against accused by deceased in her dying declaration - Accused dismissed from service because of conviction order passed against him - Irreparable loss caused to accused - Conviction order suspended with regard to the present petitioner...........
Criminal Procedure Code, 1973, Section 161(2), 53, 53A, 54, Constitution of India, 1950, Article 20(3) -- Investigation - Narco Analysis and Brain Mapping tests - Cannot be conducted forcibly, if accused refuses to undergo the tests...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory period of 90 days to complete the investigation expired - Bail application filed by petitioner much prior to filing of charge sheet - Subsequent filing of charge sheet shall not frustrate the petitioner's indefeasible right for being released on bail u/s 167(2) Cr.P.C. - Application allowed...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Discharge - Illegal gratification - Mere recovery of a sum of Rs.20,000 from public servant cannot be categorized as obtaining pecuniary advantage by corrupt or illegal means, nor it is a case of abuse of his position as public servant by accused, particularly when..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 357 -- Conviction u/s 302 IPC - Imposition of fine - It is not mandatory to impose fine in addition to substantive sentence of imprisonment for offence punishable u/s 302 IPC, though it is desirable to impose fine having regard to facts and circumstances of case and power conferred u/s 357 Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - After dismissal of complaint u/s 203 Cr.P.C. Court cannot revert back to pre-cognizance stage to invoke power u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - When Court exercises power u/s 203 Cr.P.C. there is the end of the matter - In such case, Court cannot revert back to pre-cognizance stage as against the remaining accused...........
Criminal Procedure Code, 1973, Section 203, 2(d) -- Complaint - Rejection of complaint against some of the accused - When there are not sufficient grounds against a particular accused, complaint can be dismissed against him and the earliest stage to pass such an order is the one contemplated u/s 203 Cr.P.C. and not earlier...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Ante-timed FIR - Murder - FIR lodged after deceased admitted to hospital and declared dead by Doctor - Promptness with which FIR was lodged by PW1 rules out the possibility of any deliberations and consultations or police interference having preceded lodging of FIR with the object of..........
