Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
Indian Penal Code, 1860, Section 376, 377, 498A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - Offence u/ss 376, 377, 498-A, 323 IPC - Offences alleged are primarily of private nature - Complainant is reported to have entered into compromise on his own volition - Proceedings quashed...........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - "living in adultery" means only continuous and repeated acts of adultery - Wife could not be eschewed from getting the maintenance u/s 125(4) Cr.P.C. on the substratum of single instance of adultery...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Criminal Procedure Code, 1973, Section 227, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Discharge - Offence u/s 4 of POCSO Act - I.O during investigation did not proceed for collecting birth certificate of victim - Medical Officer as per Ossification test opined that age of victim was more than 14 years but less than 15 years - There is thus, no..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - At the instance of prosecution - Addition/alteration of charge has to be done by Court based upon its own satisfaction and not at the behest of any of parties to the trial...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by police u/s 161 Cr.P.C - Cannot be used for any purpose except to contradict the witness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself and her minor daughter...........
