Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband getting salary to the tune of Rs.17,564/- p.m. - Maintenance of Rs.4,000/- p.m. granted to wife by Family Court - High Court without indicating any reason reduced the maintenance to Rs.2000/- p.m. after retirement of husband - Husband had taken voluntarily retirement after order of maintenance was passed,..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - When grave charge is framed against accused, he can be punished for the offence of lesser charge in place of grave charge, if proved...........
Criminal Procedure Code, 1973, Section 256(1) -- Complaint - Dismissal for no, appearance of complainant - Complaint can only be dismissed if Magistrate after satisfying no, existence of any proper reason to adjourn the hearing of case to some other date or Magistrate is of opinion that personal attendance of complainant is must on that date for further progress of hearing..........
Criminal Procedure Code, 1973, Section 256(1) -- Complaint u/s 138 of N.I. Act - Dismissal for no, appearance of complainant - Magistrate dismissed the complaint without applying his judicial mind as he has not recorded any reason not to adjourn hearing of case to some other date - Nor he mentioned that he was acquitting the accused, who was present before him or that no,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Cannot be denied to wife on the ground that husband has no means of income - Husband is duty bound to maintain his wife and for that he may even work as a labourer or do any other kind of lawful work - Husband cannot refuse to maintain his wife by stating that he has no means of income and he is an idle person...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping & rape - Bail - Age of prosecutrix below 18 years at the time of alleged incident - Alleged offences were prima facie attracted against accused - Interest of State and general public would be adversely..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from date of application is only when Court so specifies in the order - When order is silent then maintenance is payable from the date of order - No reasons are required to be recorded when maintenance is ordered to be paid from date of application...........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 217 -- Framing of additional charge - Additional charge u/s 302 IPC cannot be framed mechanically in a case u/s 304-B IPC - In a case where charge alleging dowry death is framed, a charge u/s 302 IPC can be framed if evidence otherwise permits - Order framing charge mechanically set aside -..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........
Criminal Procedure Code, 1973, Section 196, 460 -- Sanction for prosecution - Failure of investigating agency and of CJM to notice the absence of previous sanction falls within the prohibition enshrined in S.196 Cr.P.C. and cannot be brought within the pale of S.460(e) Cr.P.C. which would apply to generality of procedure covered u/s 190(1)(a)(b) Cr.P.C...........
