Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/ss 498-A, 323, 504, 506 IPC - Matrimonial dispute between parties - Keeping in view of second wave of corona virus and its further surge apprehended, accused shall be released on anticipatory bail till cognizance is taken by Court on police..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Complainant deliberately suppressed material fact that a charge sheet was already filed by accused against him in relation to same incident - Suppression of material facts before a Court amounts to abuse of process of Court - Moreover, there is delay of 6 years..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Complainant went to house of accused to return money given for obtaining job, however, accused assaulted complainant and threatened to get them falsely implicated - Offence u/ss 323, 504, 506 IPC is made out against accused - Proceedings not quashed...........
Indian Penal Code, 1860, Section 341, 143, 147, 149, 353, 504, 506 -- Offence u/ss 341, 143, 147, 149, 353, 504, 506 IPC - Quashing of FIR - Role of petitioner nowhere mentioned in FIR - Even if Court presumes petitioner present at the spot, it would still not lead to an automatic inference of her acting with a common object with those who had inflicted fist blows, hurled..........
Indian Penal Code, 1860, Section 326A, 504, 506 -- Acid attack on wife by husband - 15% acid burns - Victim admitted that relations between her and her husband/accused were strained - Accused did not permit her to reside with him - Victim had been residing at her parental house and on date of occurrence she was also at her parental house - However, contradictory statement..........
