Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 297, 435, 34 -- Anticipatory bail - Offence u/ss 295-A, 297, 435, 34 IPC - Allegation in FIR disputed - Occurrence of incident has created a state of emergency among people of village as many innocent people have been dragged into incident for no fault on their part - However, co-accused is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 313, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused sexually exploited prosecutrix for about one and a half year on false promise of marriage with result that she had become pregnant - Thereafter, accused administered abortion pills to complainant and also..........
Criminal Procedure Code, 1973, Section 482, Karnataka Minor Mineral Concession Rules, 1994, Rule 31(R), 42, Indian Penal Code, 1860, Section 379 -- Quashing of proceedings - Illegal mining - Fine of Rs.45,000/- collected - Entire proceedings quashed...........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Fixed keeping in view the status of parties by looking to the photographs of marriage ceremonies which speak volumes about status of parties - Order as to grant of interim maintenance of Rs.10,000/- per month upheld...........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Only tentative and subject to fixation of interim or final maintenance - At this stage trial Court has to only form a prima facie opinion...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Rejection of application - Court to state reasons with reference to the material on record on which reliance is placed by Court to formulate an opinion to reject the application for discharge...........
Criminal Procedure Code, 1973, Section 433 -- Commutation of sentence - Powers u/s 433 Cr.P.C can only be exercised by appropriate Government - These powers cannot be exercised by any Court including High Court - At best, Court can recommend to State Government that such power may be exercised but power of appropriate Government cannot be usurped by Courts and Government..........
Criminal Procedure Code, 1973, Section 228, 464 -- Non-framing of charge u/s 147 IPC - Murder case - Accused were well aware that six of them were charged together for a common assault u/ss 302, 149, 323 IPC - They were also aware that two of accused were carrying a deadly weapon, spears which were used for assault - No prejudice is therefore caused to accused and omission..........
Criminal Procedure Code, 1973, Section 228 -- Defective charge - Objection about a defective charge, without any evidence of prejudice cannot be raised first time in appeal before Supreme Court...........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Mere fact that there is no injury report, can at best be classified as a defective investigation but cannot raise doubts about credibility of their being injured witnesses in same occurrence...........
