Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. is mandatory, where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction - However, said mandate does not mean that Magistrate is bound to examine and conduct an inquiry where facts of the case do not warrant any inquiry...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - When witness has supported prosecution case in his examination-in-chief and has also been cross-examined at length and he has even denied to specific suggestions put forth by defence counsel..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to..........
Criminal Procedure Code, 1973, Section 127 -- Reduction of maintenance as awarded to wife - Plea of retirement of husband - Evidence on record shows that after retirement husband enrolled himself as an Advocate in District Bar - Being a husband, he has a legal obligation to pay maintenance to his wife - Even if husband retired from his services, he is not rendered..........
Criminal Procedure Code, 1973, Section 154, 482, Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, Section 15 -- Cow slaughter - Cognizable offence and no, bailable offence - Police refused to register FIR - Writ u/s 482 Cr.P.C. is not maintainable - Aggrieved person can approach Superintendent of Police u/s 154(3) Cr.P.C. by application in writing - In case, no..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Discretion of Court - However, such discretion be exercised by Court on sound judicial principles and not in a mechanical manner - Whether or not discretion is to be exercised in directing sentences to run concurrently would depend upon nature of offence/offences and facts and circumstances of..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27(b)(ii), Drugs and Cosmetics Act, 1940, Section 28 -- Concurrent running of sentences - Offence u/ss 22, 27(b)(ii) of NDPS Act and S.28 of D&C Act - Accused was earlier convicted u/s 22 of NDPS Act and subsequently convicted u/s 27(b)(ii) NDPS Act and S.28 of D&C..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - No straight jacket formula on the basis of which it can be held that stay of suspension of conviction is to be made - While doing so, totality of facts have to be taken into consideration and thereafter issue is to be adjudicated - Each case has to be decided on its own facts...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 420, 406, 465, 468, 120B -- Anticipatory bail - Case based on documentary evidence - Custodial interrogation may not be required - Bail granted...........
