Criminal Procedure Code, 1973, Section 157 -- FIR - Copy not sent to Magistrate - FIR when received by Magistrate assumes significance when testimony of eye witness/informant is not of sterling quality, as, possibility of ante timing of FIR to introduce a witness cannot be ruled out...........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Not necessary that ground for cancellation of bail must arise after bail was granted...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 419, 429, 467, 468, 471 -- Cancellation of bail - Applicant miserably failed on two counts that any material fact has been suppressed or trial Court has granted bail without going into merits of case - No ground disclosed for interference - Application dismissed...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Non-recovery of dowry articles is not a valid ground for cancellation of bail - It is a matter of trial and it will have to be proved as to how much dowry was given and in whose custody the same was - Application dismissed as not maintainable...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - A month's imprisonment for every month's default is maximum penalty u/s 125(3) Cr.P.C., not a maximum of a month's imprisonment for total default - However, a month's imprisonment for every default is not the rule and sentencing cannot be mechanical - Court has to..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation from one State to another - Supreme Court will transfer a case from one state to another State only if there is reasonable apprehension on part of party to a case that justice will not be done - Mere apprehension that the accused are influential may not be sufficient to transfer the case...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Exordinary power of constitutional Courts in directing CBI to conduct investigation in a case must be exercised rarely in exceptional circumstances especially when there is lack of confidence in investigating agency or in the national interst and for doing complete justice in the matter...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Offence u/ss 498-A, 354, 506 Part-I IPC - Case does not entail a direction for transferring investigation from State police/special team of State Police Officers to CBI - Facts and circusmatnces in which offence is alleged to have been committed can be better investigated into by State police..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Expression `groundless' - Covers grave suspicion and not mere suspicion...........
