Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C should be decided summarily as per procedure prescribed under CPC by Family Court...........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Inability to furnish local surety - Accused has been in actual custody for seven years and one month out of sentence of 10 years imposed - It would be a travesty of justice if accused is unable to secure the benefit of bail order for his inability to furnish local surety - This will infringe the rights..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Father of deceased except stating that accused has been harassing and beating deceased and was a alcoholic and also involved in an illicit relationship with a woman, nothing stated that he had provoked, incited and induced deceased to commit suicide - Accused is..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Documents were not forged when the matter was sub-judice before civil Court - Suit was filed by respondents seeking certain reliefs and in the suit the forged document was filed - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed/weeded out - Reconstruction of record is not possible - Retrial of case is also not possible - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Summoning order passed either after acquittal or conviction is not sustainable...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
