Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Drugs and Cosmetics Act, 1940, Section 18(c), 22(1)(cca), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 18(c), 22(1)(cca) of the Act - Father of accused was a registered Homeopathic Doctor on the date of inspection - Procurement of medicines and payment in 2011, 2012, 2013 cannot be said to be per se illegal - Merely because accused could have personally..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is suffering from various ailments - Irrespective of age and ailments from which husband may be suffering, since he is recipient of regular monthly income from various sources, he cannot be permitted to deny/neglect maintenance to wife who is not intentionally living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is living with his daughter and son-in-law - Wife is 75 years old and is living with her son - No material on record that wife is living separately without any sufficient reason - She is not capable to maintain herself through her independent income - Husband apart from..........
Criminal Procedure Code, 1973, Section 482 -- Stay of investigation - If the allegations made in the FIR or complaint prima facie do not constitute any offence against accused or if proceedings are found to be manifestly mala fide or malicious instituted with ulterior motive etc., investigation cannot be stayed by High Court, particularly when investigations were at a very..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Accused cannot invoke and would have no right to invoke S.91 Cr.P.C at the stage of framing of charge...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000 - Condition so imposed by High Court is totally alien to principles governing bail jurisprudence..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Non-recovery of dowry articles/Istridhan, cannot ordinarily be a ground, by itself, for declining a plea for grant of anticipatory bail to the husband or his relatives...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Accused has joined investigation and is not required for custodial interrogation - It is neither the stand of State counsel nor that of complainant that accused has misused concession of interim bail by threatening/intimidating the..........