Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. - Even when accused is arrested..........
Criminal Procedure Code, 1973, Section 164(1) -- Statement u/s 164 Cr.P.C. - Proceedings in which statement u/s 164(1) Cr.P.C. of an accused which does not amount to confession, or of a person other than accused is recorded shall be conducted in camera and a copy of it shall not be given to anyone other than investigating officer, who may require it for his investigation..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Non arrest of a co-accused is not a ground to grant anticipatory bail to petitioner...........
Criminal Procedure Code, 1973, Section 125(1) -- `Sufficient means' - In case of salaried employee, what requires to be taken into account under the expression `means' is his total earning capacity i.e gross income...........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance - `Sufficient means' - Term includes all savings also - Even if a considerable amount is being deducted toward Provident Fund, General Group Insurance Scheme, LIC Premium, State Life Insurance, GPF Loan of any statutory deductions, except income tax or profession tax, amount cannot be excluded from reckoning..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to children - Respondents were living separately from their father along with their mother - Admittedly, respondents are students and having no source of income as salary of their mother is not sufficient to meet living and their educational expenses - Petitioner/father on the other hand getting Rs.21,144 p.m -..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complaint - Personal appearance of complainant whether necessary or not is a matter of discretion of Court and such discretion has to be exercised judicially - Magistrate has a duty to see whether personnel attendance of complainant is unavoidable to step down further in the process of adjudication - If..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - In the event of absence of complainant, complaint should not be dismissed immediately - Court should either adjourn the case or may proceed to hear the case u/s 256(1) Proviso Cr.P.C. - In case complainant is represented by his counsel or by an officer conducting the prosecution or if personal..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing FIR - Earlier application for quashing was withdrawn - Subsequent application for quashing after changed circumstances, as a settlement arrived at between parties, held, maintainable...........
