Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand of loan amount - No coercive methods adopted to recover loan amount - Demand made cannot be treated as abetment as any person who has given loan would certainly like to get it back - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(Va) -- Anticipatory bail - Rape - Heinous crime has been committed with a minor retarded girl aged about 14 years and eight months by..........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Merely by initiating legal proceedings against deceased, it cannot be held that accused had abetted the commission of suicide as defined u/s 107 IPC and punishable u/s 306 IPC...........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
