Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - Appellant has been summoned as an additional accused u/s 319 Cr.P.C. not only on the basis of his pre-summoning statement but on the basis of the statement of PW1 - There is prima facie material for exercise of power u/s 319 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed/weeded out - Reconstruction of record is not possible - Retrial of case is also not possible - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable at the instance of an accused who is already in judicial custody in a different offence...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Summoning order passed either after acquittal or conviction is not sustainable...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere possession of qualification by wife, who is admittedly not gainfully employed, cannot be a ground to deny or reduce the quantum of maintenance allowance required to be accorded to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two daughters - Husband was earning a gross salary of Rs.82095 pm - Maintenance @ Rs.15,000 pm to wife and children is on lower side - Wife deserves to live as per standard in accordance with emoluments of husband - Moreover, two daughters are of growing age and would definitely require expenses for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
