Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394 -- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail..........
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix has taken u-turn before Court below during trial and not supported prosecution case - Even, all material PWs turned hostile - There is no reason to keep petitioner behind bars for an..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - A claim of title to goods which have seen seized is a relevant consideration while passing an order u/s 452 Cr.P.C...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Where a claim is made before Court that property does not belong to person from whom it was seized, S.452 Cr.P.C does not mandate that its custody should be handed over to person from whose possession it was seized, overriding the claim of genuine title which is asserted on behalf of a third party...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Function which Court exercises u/s 452 Cr.P.C is of a judicial nature - In making that order, Court must undoubtedly have due regard to entitlement claimed by person who seeks possession of property...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Claim made by respondent to title of goods is seriously in dispute - Such a claim be agitated before competent civil forum - In the absence of such an adjudication, custody of seized goods, should continue to be with appellant, as goods were made over to him 26 years ago - Custody of goods should..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
