Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Territorial jurisdiction - Criminal breach of trust - Return of stridhan articles - Articles are to be returned after conclusion of trial at place `H' where wife is residing with her parents - Part of cause of action has thus arisen at place `H' and Court at that place has jurisdiction -..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 228 -- Criminal breach of trust - Framing of charges - Allegation that husband and his parents demanded dowry and driven out wife from her matrimonial abode - More so, on her claim for her stridhan and certificates, the same were not returned back - Hence, a prima facie case u/s 406 of IPC is made..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A IPC - Quashing of complaint - Allegations against father-i, law, grandfather-i, law and brother-i, law of complainant - Neither specific allegations were made against petitioners, nor any specific overt act assigned to them in complaint - Allegations are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Petitioner and complainant married for 21 years and having two grown up children - Petitioner has already joined investigation - Allegation as to dowry demand and retention of Istridhan, prima facie not made out, in as much as..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b), Indian Penal Code, 1860, Section 406, 419, 420, 467, 468, 471 -- Quashing of order taking cognizance - Offence u/ss 406, 419, 420, 467, 468, 471 IPC - Initially applicant no.1 charge sheeted u/s 406 IPC, however, in respect of other three applicants negative report was submitted by police - Prosecution and informant..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Quashing of proceedings - Compromise - Divorce by mutual consent after compromise with husband - In view of subsequent events and conduct of wife, allowing criminal proceedings of accused to go on, would indeed be an abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 419 -- Order taking cognizance - Petition u/s 482 Cr.P.C. not only to quash order taking cognizance but also to quash and set aside the entire criminal proceedings - Application u/s 482 Cr.P.C. held, maintainable...........
Indian Penal Code, 1860, Section 498A, 406, 419 -- Offence u/ss 498-A, 406, 419 IPC - Order taking cognizance - A bare perusal of complaint revealing that it is not devoid of allegations against petitioners - Certain overt-acts have specifically been attributed to petitioners - Uncontroverted allegations against petitioners available in the material on record sufficient..........
Constitution of India, 1950, Article 20(1), Indian Penal Code, 1860, Section 467, 468, 471, 406, 420 -- Orissa Protection of Interest of Depositors (in Financial Establishments) Act, 2013, S.6 - Cognizance of offence - Ex-post facto law - Offence u/ss 467, 468, 471, 406, 420 IPC and S.6 OPID Act - In the instant case, execution of sale-deed in favour of informant by..........
