Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Allegations leveled against accused in the complaint shows a prima facie case for commission of offences in question - Provisions of Ss.18, 18-A of SC/ST Act would certainly apply -..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Complainant purchased land from co-accused - Accused acted as a broker in the execution of deal - He was neither the executant nor witness to the sale deed - No allegation that accused had entered into a criminal conspiracy with any other..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegation of fraud and forgery - Intricate facts of case need to be investigated by police as this is not a case of such nature that complainant will be able to produce necessary documentary evidence in the case on his own - Court below committed error by dismissing the application - Order..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is duty bound to provide maintenance to his wife even if it is presumed that husband has no income from his job or from rent of Maruti Van - Maintenance rightly granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living in her parental home since the year 2015 - Husband failed to file any documentary evidence regarding income of wife - Trial Court while going through all the liabilities of husband towards his sisters and parents and looking to his assets awarded very meager amount of Rs.2000 p.m - On the..........
Criminal Procedure Code, 1973, Section 73 -- Issuance of non bailable warrants for the reason mentioned in final report that accused did not co-operate with investigation during crime stage and that he absconded immediately after the incident - Non bailable warrants issued without issuing summons - Accused expressed his willingness to appear to take bail - An opportunity..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence under SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under SC/ST Act, particularly, when offences alleged to have been committed under the Act are prima facie not made out...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - No whisper of allegation against accused by victim much less of commission of offence u/s 3 of SC/ST Act - Anticipatory bail granted to..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Non-appearance of accused - Not a ground for cancellation of bail...........
