Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Detailed enquiry on marital status is not called for in a maintenance case, but Court is only to arrive at a prima facie satisfaction about marital status of parties from the materials produced for its consideration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Accused entitled to apply for a grant of bail if trial of any non-bailable offence is not concluded within a period of 60 days from first date fixed for taking evidence in the case - But this right is not an absolute right and Magistrate for reasons to be recorded in writing can reject application even u/s 437(6)..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Applicant alongwith others committed a theft of Rs.75,000 and gold articles - Though offence are triable by Magistrate but not bailable and maximum punishment can go upto 5 years, 7 years, 14 years respectively, it cannot be said that Magistrate..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not necessary in proceeding u/s 125 Cr.P.C and even if marriage between parties is not solemnized by performing essential rituals but if the parties have lived over a long period of time as man and woman considering themselves husband and wife, the law would presume marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Parties lived together as husband and wife and a son was born in the year 2004 - Their association spanned over a period of 10 years and it was only after petitioner indicated his willingness to marry woman police constable differences between them had arisen - Petitioner left her in 2013 and she had gone..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Court u/s 319 Cr.P.C does not create an embargo on powers of an I.O to invoke provision u/s 173(8) Cr.P.C to investigate further into the matter...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Final report - Where there are more than one accused and some of them are absconding, I.O is not expected to wait till absconding accused is arrested so as to proceed with further investigation with regard to his involvement - With available evidence on record, he is at liberty to file a final report..........
Criminal Procedure Code, 1973, Section 173 -- Final report - S.173 Cr.P.C creates no embargo at all in filing of more than one charge sheets or final reports on basis of same investigation...........
