Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........
Criminal Procedure Code, 1973, Section 156(3) -- Police investigation - Magistrate is required to exercise his mind while doing so and pass orders only if he is satisfied that information reveals commission of cognizable offence/offences and also about necessity of police investigation for digging out of evidence which is neither in possession of complainant nor can be..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejection - Dispute between parties are primarily a dispute between partners of firm - Allegation against accused is that he had taken away income tax files relating to partnership business from advocate when he was not authorized to do so at all - Petitioner was aware about identity of..........
Criminal trial -- Life sentence - Meaning - Actual life imprisonment for entire life of convict - Life sentence not limited to either 14 years or 20 years or even 25 years - Same may be curtailed by State by premature release - However, that is the discretion of State Government to be exercised on the advice of Sentence Review Board (SRB) - Courts cannot substitute..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Out of total sentence of 10 years, accused has already undergone more than 3 years of actual sentence - Appeal not likely to be heard in near future - Sentence suspended...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Offence u/ss 304-B, 498-A, 201 IPC - After perusing judgment and depositions of witnesses and considering findings on which order of conviction is based and also considering the further fact that this case is a case of term imprisonment and accused was on bail during trial and..........
Criminal Procedure Code, 1973, Section 195(1)(a), Indian Penal Code, 1860, Section 174A -- Bar u/s 195(1)(a) Cr.P.C. - Not applicable to offence u/s 174-A IPC - A private person is competent to lodge complaint or even an FIR u/s 174-A IPC...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non payment - Liability to pay maintenance is a continuing liability, for which there is no necessity of filing successive applications - Wife can file one application for recovery of amount due for number of months as arrears of maintenance - Magistrate is competent to award imprisonment to husband for more..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife willingly deserted husband without sufficient reasons during subsistence of her marriage and not ready to live with him - Wife not entitled to maintenance, even if she had no known source of income - Maintenance rightly denied to wife...........
Criminal Procedure Code, 1973, Section 301, 302 -- Permission to assist prosecution - Does not include the right to conduct the trial - Once complainant had specifically sought permission that his counsel be permitted to assist the prosecution, he cannot turn around to contend that such permission included a right to conduct trial also - Thus, where counsel of complainant..........
