Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201, 306 -- Anticipatory bail - Second petition - Maintainability - Earlier anticipatory bail petition was dismissed on 06.04.2026 and the subsequent petition filed on 16.04.2026 disclosing no change in circumstances, much less..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Neither BNSS or Cr.P.C. enables a Court at the stage of bail or investigation to direct sale of immovable property belonging to accused for settlement of alleged claims...........
Criminal Procedure Code, 1973, Section 156(3) -- Nature and scope - While exercising jurisdiction u/s 156(3) Cr.P.C. Magistrate is required to merely peruse application and examine whether facts disclosed therein prima facie disclose necessary ingredients of cognizable offences requiring investigation by police and is not expected to undertake an exhaustive evaluation of..........
Criminal Procedure Code, 1973, Section 482 -- Mere existence of a civil remedy does not bar initiation of criminal proceedings where allegations prima facie disclose commission of a cognizable offence...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
