Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Procedure adopted in such cases is summary - Any matter which is decided in a summary manner shall not have an effect of res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition for maintenance - Res judicata - Earlier petition for maintenance was dismissed - Wife filed second maintenance petition in a premise that there has been change in circumstance - Second maintenance petition is maintainable when there is change of circumstances...........
Criminal Procedure Code, 1973, Section 439, 438 -- Pendency of bail application - Duty of police officer before arrest of accused - It is the duty of every Police Officer to contact the office of prosecutor before arresting an accused, when a bail application is pending before a Court of law to verify whether there is any interim order passed by Court - Without verifying..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Protection of Children from Sexual Offences Act, 2012, Section 19, 33 -- Application u/s 156(3) Cr.P.C - Can be treated as complaint case u/s 190(1)(a) Cr.P.C by Special Court under POCSO Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is strong evidence than mere probability of revisionist accused in the form of testimony of injured witness - In comparison to it, evidence on the basis of which Investigating Officer has exonerated revisionist accused is of a very weak nature - There is sufficient and cogent evidence on..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to accused two years ago - After two years of passing of order granting bail, if an order for cancellation of same is passed, it may re-ignite the rift and acrimony between parties - Moreover, there is no complaint of abusing the liberty so granted to accused - It is thus, not appropriate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable Warrant (NBW) and proclamation u/s 82 Cr.P.C - Main accused have already been acquitted by Court - Since the allegations against petitioner are not distinct and separate when compared with other acquitted accused persons, therefore, no purpose would be served, if petitioner is tried for same offences, as..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be denied to accused merely because co-accused who was released on bail has not surrendered...........
