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| CODE OF CRIMINAL PROCEDURE, 1973 |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 125 — Evidence Act — S 106 — Award of maintenance to wife & children by family Court — with out determination of approximate earnings of the husband — Held, though the ultimate conclusion may not be incorrect or illegal— in absence of at least prima facie determination of approximate earnings of the applicant - husband— impugned judgment & order is improper— quashed & set aside — matter remanded back. (Para 5) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 125 — determination of maintenance — In absence of finding with regard to even approximate earnings, reasonableness of maintenance cannot be determined. (Para 5) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 156— Criminal complaint — IPC — Ss 504 & 506 — Offence under — When the complaint treated as a complaint case— does not contain ingredients of Sections 504 & 506— Courts below committed error in rejecting the application of discharge — Discharged. (Para 28) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 156(3) , 167(2) , 173, 227 & 228 — Duty of the Magistrate — after the investigation is concluded and the report is forwarded by the police to the Magistrate u/s 173(2) (i) — the learned Magistrate may either — (1) accept the report & take cognizance of the offence & issue process— or (2) may disagree with the report and drop the proceedings— or (3) may direct further investigation u/s 156(3) & require the police to make a further report. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 167(2) , 173, 227 & 228 — Dropping of proceeding by the Magistrate — Held, if the Magistrate disagrees with the police report & drops the proceedings — the informant is required to be given an opportunity to submit the protest application — & after giving the opportunity, the Magistrate may take a further decision whether to drop the proceedings against the accused or not. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 167(2) , 173, 227 & 228 — Objection by informant — If the learned Magistrate accepts the objections, in that case, he may issue process and/or even frame the charges against the accused. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 173 — Final report — Further investigation — Sections 420, 468 & 471 — Offence under — Investigating authority did not apply for further investigation —Learned Magistrate suo moto passed an order for further investigation & directed the investigating officer to further investigate and submit the report — Not permissible under the law — Held, such a course of action is beyond the jurisdictional competence of the Magistrate — the part of the order passed by the learned Magistrate ordering further investigation after he discharges the accused, cannot be sustained — quashed and set aside — Held, it will always be open for the investigating officer to file an appropriate application for further investigation and undertake further investigation and submit a further report in exercise of powers under Section 173(8) of the CrPC. (Para 7.1) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 173 — Final report — Further investigation — Held, it is always open for the investigating officer to apply for further investigation — even after forwarding the report u/s 173(2) — & even after the discharge of the accused — However, the aforesaid shall be at the instance of the investigating officer/police officer¬ in¬charge — & the Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the accused. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 173(8) — Further investigation — Held, it is always open for the investigating agency to file an application for further investigation — & thereafter to submit the fresh report — & the Court may permit further investigation — & permit the investigating officer to file a fresh report — & the same may be considered by the learned Magistrate thereafter in accordance with law. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 173 & 227 — Discharge of accused vis-à-vis further investigation — Held, Once the learned Magistrate takes the cognizance & in exercise of the powers u/s 227 discharges the accused—thereafter the Magistrate has no jurisdiction to suo moto direct the investigating officer for further investigation and submit the report. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 173 & 227 — Discharge of accused vis-à-vis further investigation — Discharge by the Magistrate — remedy available — Held, in such a situation, only two remedies are available: — (i) a revision application can be filed against the discharge or — (ii) the Court has to wait till the stage of Section 319, CrPC. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 227 — Discharge application — consideration of — Duty of the Court — Held, while considering the discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not — in such proceedings, the Court is not to hold the mini trial by marshalling the evidence. (Para 19) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 313 — Separate written statements under filed by two accused — Defence, was that the deceased was not willing to go to the village to look after her in-¬laws & therefore, she committed suicide — Held, the defence cannot be brushed aside. (Para 16) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 389— NDPS Act — Ss 21(c), 27, 32A, 33, 37 & 50 — Application for suspension of sentence — Due to practical reasons the appeal cannot be taken up in the near future & disposed of expeditiously — Sentence suspended pending appeal. (Para 20) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 389 — Suspension of sentence — Scope — when a convicted person is sentenced to a fixed period of sentence & the appellate Court finds that due to practical reasons the appeal cannot be disposed of expeditiously— it can pass appropriate orders for suspension of sentence. (Para 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 389— Prison Act, 1894 — Section 5(B) — NDPS Act — S 32-A — Suspension of sentence & granting parole — Held, the prayer for suspension of sentence pending appeal should be considered liberally unless there is any statutory restriction— Section 32-A, NDPS Act does not affect the powers of the authorities to grant parole — a sentence awarded under the Act can be suspended by the appellate Court. (Para 19) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — Anticipatory Bail — IPC — Ss 342 & 354B —Maharashtra Prevention & Eradication of Human Sacrifice & other inhuman, Evil & Aghori Practices & Black Magic Act, 2013— Sections 3(1),(2) & (3) — SC ST Act—Ss 3(i)(l)(w)(i)(ii), 3(2)(va) & 14-A(2) — No prima facie evidence of involvement of the appellants in outraging the modesty of the respondent No.2 — or in committing the offence under the Black Magic Act— Held, Vague allegations in the FIR are not prima facie sufficient to attract the said offences — no material to show that the alleged victim has identified the appellants to be the persons involved in the commission of offence alleged in the FIR— Anticipatory bail granted. (Para 16) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — Anticipatory Bail — In case of serious offences — Held, when the offences alleged against the appellants are not prima facie attracted — observations that the offences are serious, are not sufficient to refuse anticipatory bail— Anticipatory bail granted. (Para 17) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — Anticipatory Bail — SC ST Act—S 18A — Bar under — Complainant came to know about the names of the appellants from co-accused — Held, it is not prima facie sufficient to say about the involvement of the appellants in the crime — Offences under Sections 3(1)(w)(i) & (ii) of the Atrocities Act are not prima facie applicable or attracted against the appellants — Bar contemplated under Section 18A of the Atrocities Act is not applicable in the present case — Anticpatory Bail granted. (Para 15) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — Anticipatory Bail — Nature & discretion of the Court — Held, S 438 is a discretionary relief, it can be granted in exceptional circumstances — & the Court is expected to keep in mind the interest of the society also — Lahu Vitthalrao Bhosale Vs. State of Maharashtra & Anr. ABC 2019 (II) 189 BOM — relied upon. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — Anticipatory Bail — in cases of the provisions due to which the relief of anticipatory bail cannot be granted — Held, it becomes the duty of the Court to ascertain as to whether there is material to make out prima facie case — If the material is not sufficient— the Court is expected to consider the matter as provided u/s 438. —Lahu Vitthalrao Bhosale Vs. State of Maharashtra & Anr. ABC 2019 (II) 189 BOM — relied upon. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — Enactment of — Intention of Legislation — Held, the provision is made to see that the liberty of the subject is not put in jeopardy on frivolous grounds — at the instance of unscrupulous or irresponsible persons or officers who may some times be in charge of prosecution— Lahu Vitthalrao Bhosale Vs. State of Maharashtra & Anr. ABC 2019 (II) 189 BOM —relied upon. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — IPC — Ss 323, 506, 427, 354 & 504 — SC ST Act — Ss 3, 18, 18A— Anticipatory Bail — two cases under NI Act against the applicant by complainant party in progress — inspite of notices the appellant had declined to make the payment — contention of the informant that she asked the appellant to pay the money — Held, not probable— Delay in FIR — report of same incident by appellant complainant party — Application totally silent about the fact that the informant belongs to any scheduled caste & also silent that the appellant does not belong to any scheduled castes— not even indirect suggestion that the assault took place on account of the social differences — Offence of outraging modesty or assault — no corroborative material to verify the allegations — Anticipatory bail granted. (Para 11 & 12) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 438 — IPC — Ss 420, 406 & 34— Anticipatory Bail — Allegation of taking photograph of question paper & sharing on social media — Interim anticipatory Bail was granted by Sessions Court — allegation of tempering with evidence — bail rejected by Sessions Court — accused absconding — Investigation almost over in the mean time — other accused already on Bail — Held, granting of anticipatory bail to the petitioner will not prejudice in any way since he was already examined in detail by the I.O. — Anticipatory bail granted. (Para 11) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 439 — Prohibition Act, 1961 — Sections 81, 83, 98(2), & 65(a)(e) — regular Bail — Considering facts of the case — nature of allegations — gravity of offences — role attributed to the accused — the applicant is in Jail for more than one & half month — chargesheet filed — no previous antecedent. (Para 5 & 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 482 — IPC — S 380 — Theft in dwelling house etc. — The parties are entangled in several litigations— Allegations of theft and misappropriation are relating to the documents filed in the company petition & filing of Internal Audit Report in the civil suits— no specific allegations as to when, where and how the respondents have committed theft— No specific allegations against the accused— Allegations do not disclose prima-facie case — nor the ingredients of the offence of house theft or misappropriation made out— . (Para 81) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 482 — Quashing of FIR or proceedings — Held, the FIR or the criminal proceedings can be quashed if the allegations do not make out a prima-facie case — or allegations are so improbable that no prudent person would ever reach a just conclusion that there are sufficient grounds for proceeding against the accused. (Para 88) |
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