Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 354D -- Stalking - Solitary instance cannot be remotely contemplated as stalking as understood in S.354-D IPC...........
Indian Penal Code, 1860, Section 354D -- Stalking - Allegation that accused followed victim and taken her photograph without her consent and when she objected he used obscene words etc. - However, exact words used by accused are conspicuously absent in complaint - Solitary instance cannot be remotely contemplated as stalking as understood in S.354-D IPC - Continuation of..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Firewood piece cannot be treated as a dangerous weapon which is likely to cause death as envisaged in S.326 IPC, in absence of factors like size, thickness and sharpness of weapon allegedly used in assault...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - One of vital ingredient of offence u/s 326 IPC is that fracture should have been inflicted by a weapon of offence which is likely to cause death...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326 -- Anticipatory bail - Offence u/s 326 IPC - Victim suffered fracture on left hand as a result of beating using a firewood piece - Offence would come within ambit of grievous hurt as per S.320 IPC which is punishable u/s 325 IPC and not serious non-bailable offence u/s 326 IPC - More so,..........
Indian Penal Code, 1860, Section 500, 501, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/ss 500, 501 IPC - Court can take cognizance upon a complaint made by some person aggrieved by the offence and not on the basis of final report filed by police...........
Indian Penal Code, 1860, Section 505(2) -- Offence u/s 505(2) IPC - In order to attract an offence punishable u/s 505(2) IPC, at least two groups or communities shall be involved - Merely inciting feelings of one community or group, without reference to any other community or group, will not attract offence punishable u/s 505(2) IPC - Proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 406, 506, 498A -- Anticipatory bail - Offence u/ss 323, 406, 506, 498-A IPC - Admittedly, petitioner has joined the investigation, though recovery of some gold articles is yet to be effected from him, which is probability a debatable issue and the same may not be an impediment for grant of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B -- Discharge - Framing of charge u/s 304-B IPC - Prima facie material on record against accused to frame charge - It is thus, not a fit case to discharge accused - Discharge application dismissed...........
