Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, 356, 504, 506, 326, 34 -- Anticipatory bail - Offence u/s 323, 356, 504, 506, 326, 34 IPC - Investigation almost complete but recovery of weapon as well as property allegedly stolen by co-accused is yet to be made - Petitioner associated himself with investigation of case as and when..........
Indian Penal Code, 1860, Section 279, 337 -- Accident - Rash and negligent driving - No specific evidence on record to prove the fact that vehicle in question was driven rashly and negligently and that too on a high speed by accused at the relevant time - PWs who are closely related to each other stated that at the time of accident vehicle was giving pass to a small..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Kidnapping for ransom - Murder of 10 years old child - Prosecution proved that accused kidnapped the deceased for ransom and demanded Rs.1 lac from the father of deceased PW1 and killed the deceased and dumped his body in a well - Cause of death was drowning - Dead body of deceased was recognized by his father PW1 - Voice..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Sexual intercourse on pretext of marriage - Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in lodging FIR - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Quashing of FIR - Offence u/ss 279, 337 IPC and S.187 of M.V. Act - Compounding of offence - Amicable settlement arrived at between parties - Even if some of the offences constituted in the FIR are no, compoundable yet for securing the ends of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Quashing of complaint - Cheating - Merely because complaint is made by member of parliament, it cannot be said that complaint was politically motivated, particularly when allegations were prima facie correct - Petition for quashing rejected...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Sanction for prosecution - Cheating - Act committed by accused cannot be said to have been committed by him while acting or purporting to act in discharge of his official duty - Sanction u/s 197 Cr.P.C. for prosecution of accused not required...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Identity of accused disputed, as none of PWs had an occasion to see the accident with their eyes - Story of accused being apprehended by PW6 and PW8 is thus not worth lending any credence, as at the relevant time none of PWs have stated that they disclosed registration no. of offending..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cheating - Dowry demand - Allegation that after Roka ceremony was performed, accused made demand of car and gold ornaments and on no, fulfillment of the same, marriage was broken and accused got married with another girl -..........
