Indian Penal Code, 1860, Section 420, 376, 493, 494, 495, 496, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Marriage between accused and prosecutrix not denied and even previous marriage of accused and two kids also not denied - Accused said himself to be unmarried and under his assurance and persuasion this marriage took place, stated by..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Criminal Procedure Code, 1973, Section 482, 0 - - Offence u/ss 420, 120-B IPC and Ss.13(1)(D), 13(2) of P.C. Act - FIR was registered as back as in the year 2012 and since then investigation is going on - Petitioner retired from service in the meantime - No case for..........
Indian Penal Code, 1860, Section 326, 342, 323, 34, Criminal Procedure Code, 1973, Section 378 -- Offence u/ss 326, 342, 323, 34 IPC - Appeal against acquittal - When there is enmity between two factions of village, then there is tendency on part of aggrieved party to give an exaggerated version to rope in even innocent members of opposite faction in a criminal case -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court while considering appeal against acquittal has to consider whether there are compelling and substantial reasons for reversing order of acquittal - Appellate Court can reverse order of acquittal if view taken by the Court is palpably erroneous and it could not have been taken by Court..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view interference with judgment of acquittal is not justified - If the view taken by trial Court is a possible view, even if two views are equally balanced, it need not result in..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - For purpose of granting bail, legislature has used words `reasonable grounds for believing' instead of `the evidence' which means, Court while dealing with grant of bail can only satisfy itself as to whether there is a genuine case against accused and prosecution will be able to produce prima facie evidence..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Nature of offence, nature of evidence available in the case, severity of punishment etc. are relevant factors while dealing with an application u/s 438 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 297, 435, 34 -- Anticipatory bail - Offence u/ss 295-A, 297, 435, 34 IPC - Allegation in FIR disputed - Occurrence of incident has created a state of emergency among people of village as many innocent people have been dragged into incident for no fault on their part - However, co-accused is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 313, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused sexually exploited prosecutrix for about one and a half year on false promise of marriage with result that she had become pregnant - Thereafter, accused administered abortion pills to complainant and also..........
Criminal Procedure Code, 1973, Section 482, Karnataka Minor Mineral Concession Rules, 1994, Rule 31(R), 42, Indian Penal Code, 1860, Section 379 -- Quashing of proceedings - Illegal mining - Fine of Rs.45,000/- collected - Entire proceedings quashed...........
