Criminal Procedure Code, 1973, Section 228 - - Speaking order - When prosecution has abandoned the case and has rather recommended discharge of accused which is supported by complainant, then Court cannot take different view and it is incumbent upon the Courts to give its reasons to indicate why it differed with final recommendation of the prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Double jeopardy - Moving of two complaints on similar allegations before different forums - Amounts to double jeopardy...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 - - Bail - Attempt to murder - Injuries attributed are either simple in nature or are on no, vital part - Even, challan has already been filed and charges has been framed - However, no evidence has been led by prosecution so far - Moreover, no other case is pending against the petitioner -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dismissal of complaint u/s 138 of N.I Act - Remedy available to victim is to seek special leave to appeal u/s 378(4) Cr.P.C, whether victim is complainant himself or somebody else...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Sufficient means - Does not signify only means such as property or definite employment - If person has means of earning or capacity to earn his living, same may be considered as `sufficient means' within meaning of S.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Unemployed husband who met with an accident resulting in amputation of his right leg, not in a position to earn his livelihood, is not liable to pay maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compensation awarded to husband on account of disability suffered in a motor accident - S.125 Cr.P.C cannot be construed to mean that it casts an obligation on person to pay maintenance to his wife and children out of compensation awarded to husband for disability suffered in a motor accident...........
Criminal Procedure Code, 1973, Section 125(4), (5) -- Maintenance to wife and children - Husband looking after wife and children till he met with an accident which resulted in amputation of his right leg - Wife and children refused to live with him only after he was hospitalized, without sufficient reasons - No material on record that husband neglected to maintain and look..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Juvenile not entitled to move application for anticipatory bail in absence of specific provision in the Act of 2015...........
