Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Injury inflicted simple in nature - However, as per complainant and his witnesses all 7 accused assaulted complainant with danda, lathi, kicks and fists - There is dispute and litigation between parties regarding pathway and drain which was allegedly obstructed by accused - Trial Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Prolonged custody without trial or completion of trial amounts to infringement or violation of Art.21 of Constitution...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3 -- Bail - Offence u/s 3 of PMLA - Petitioner is in custody for more than five years and eight months - Trial Court has not yet framed charge in the case and likelihood of completion of trial of petitioner in the case within reasonable time is very bleak - Maximum sentence..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings of determination of maintenance are summary proceedings - Detailed inquiry cannot be undertaken, as Family Court cannot calculate arithmetically exact figure of maintenance or interim maintenance...........
Criminal Procedure Code, 1973, Section 125, 91 -- Maintenance to wife - Production of income tax return and bank statement of Firm of wife - Wife has not only filed an affidavit but also copies of income tax returns from which it can be easily ascertained that what is the income of wife and whether she is in a position to maintain herself or not - Moreover, application of..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details records and tower location - Call details of police officials - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C would violate the right of privacy of police officials but right of accused u/art 21 of Constitution in..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Investigating agency have power u/s 102 Cr.P.C to seize the bank accounts, an action which falls within the scope of term seizure of "property" as used in said Section...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Requirement for seizure u/s 102 Cr.P.C is that there must be a nexus between bank account and offence alleged so as to give rise to a suspicion qua commission of offence...........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........