Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings and nor reasons as to why..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Wife is not entitled to receive maintenance if she is living in adultery or if she refuses to live with her husband without any sufficient reason or that they are living separately by mutual consent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Desertion - Wife in her application clearly stated that after marriage, petitioner-husband and his family members started torturing her mentally and physically for bringing less dowry - They also abused her and gave beating to her - Thus, she left her matrimonial home along with her minor son and has no means of..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Quashing of proceedings - Offences u/ss 467, 468, 471, 120-B IPC - Compromise between parties - No possibility of conviction of accused - Held, once disputes are settled by mutual compromise, then no useful purpose would be served by keeping the criminal proceedings..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Offence u/ss 22, 61, 85 NDPS Act - Recovery of 126 gms Alprazolam - Petitioner is in custody for last more than eight months - There is no other case against the petitioner - Recovery is marginally more than commercial quantity - All witnesses are..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief, no discretion will be left with..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Case involving embezzlement to the tune of Rs.2.78 Crores - Bail granted to accused subject to deposit of Rs.50 lakhs - Condition imposed by High Court will not be sufficient, as High Court directed deposit of Rs.50 lakhs on the premise that financial fraud involved in the case is around Rs.50 lakhs - Since fraud is more..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 411, 473 -- Bail - Offence u/ss 21, 25, 29 NDPS Act and Ss.411, 473 IPC - Recovery of 255 gms heroin from petitioner and amount of Rs.40,000/- from co-accused - Petitioner is neither driver nor owner of car - Even,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery is marginally more than commercial quantity - No other case is pending against petitioner and trial may take time to conclude - No purpose would be served by keeping petitioner in custody as all witnesses are official..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 149 -- Anticipatory bail - Offence u/ss 306, 149 IPC - Police has taken into possession audio recording of suicide note, which is being investigated - Custodial interrogation of petitioners for that purpose is not required - Bail granted - Directions issued...........
