Criminal Procedure Code, 1973, Section 227 -- Discharge - Defence of accused is not to be looked into at the stage when accused seeks to be discharged...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Plea or defence when requiring to be proved during course of trial is itself sufficient for framing the charge...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13 -- Discharge - Assets disproportionate to known source of income - Purported loans said to have been obtained by accused from his mother, brother and father are all question of fact which require adjudication and this could be done only during trial - At the stage of framing charge..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in seven cases - Concurrent running of sentences - Accused is languishing in jail since 7.11.2017 and in none of cases provisions of S.427 Cr.P.C was taken note by Courts below - Sentences passed in all the criminal cases u/s 138 of the Act would..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Acquittal of accused - Neither complaint was posted for trial on the date when impugned order of acquittal was passed, nor an order directing complainant to be present - Magistrate ought to have adjourned the complaint to a later date and directed complainant to be positively present for trial -..........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be cancelled without issuing notice to accused and without affording him a reasonable and sufficient opportunity of being heard...........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Right to bail is not to be denied merely because of sentiments of community being against accused, nor can bail be withheld as a punishment pending trial...........
