Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay itself cannot be a reason for disqualifying wife to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Investigating agency have power u/s 102 Cr.P.C to seize the bank accounts, an action which falls within the scope of term seizure of "property" as used in said Section...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Requirement for seizure u/s 102 Cr.P.C is that there must be a nexus between bank account and offence alleged so as to give rise to a suspicion qua commission of offence...........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
