Criminal Procedure Code, 1973, Section 173, 156 -- Investigation - Constitutional Courts may order further investigation/re-investigation/de novo investigation even after charge sheet is filed and charges are framed...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigation of case conducted in perfunctory manner - There was no proper investigation by State investigating agency at the relevant time and even material evidences were also not collected - Mere filing of charge sheet and framing of charges cannot be an impediment in ordering further..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Rigours of S.45 of PML Act is applicable even with respect to application u/s 438 Cr.P.C - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In cases where a reversal of acquittal is sought, Courts must keep in mind that presumption of innocence in favour of accused on the grounds of it surviving rigours of a full trial, is strengthened and stand fortified...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
