Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Juvenile - Bail - Murder - No specific role of juvenile shown in impugned order of rejecting bail application - Impugned order set aside - Bail granted to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 504, 506 -- Sanction for prosecution - Respondent though Member of Parliament was addressing political meeting as part of campaign - Therefore, not discharging official duty in that capacity - Sanction u/s.196 Cr.P.C. not required...........
Indian Penal Code, 1860, Section 504, 506 -- Criminal intimidation - Mere use of abusive words, filthy language and body posture during the speech of a political leader is not included within the ambit of provisions of criminal intimidation u/s.506 IPC...........
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149 -- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent witness was even..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Criminal Procedure Code, 1973, Section 482, 240, Indian Penal Code, 1860, Section 420, 389, 504, 506 -- Quashing of order - Order framing charges - Offence u/ss 420, 389, 504, 506 IPC - Statement of complainant verified and confirmed by statement of his father - Magistrate after discussing evidence on record in detail dismissed the discharge application u/s 239 Cr.P.C -..........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
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..........
