Indian Penal Code, 1860, Section 285 -- Offence u/s 285 IPC - Act of recycling plastic waste material or supply of plastic waste material for recycling, cannot be said to be an act done with fire or any combustible matter so as to attract offence u/s 285 IPC - Offence u/s 285 IPC not made out - FIR rightly quashed...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Prosecution examined two witnesses, but they not supported case of prosecution and were declared hostile - Solitary statement of PW4/brother of deceased is vague, lacks particulars and support from any other evidence and is not sufficient to prove ingredients necessary to constitute offence of..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Accused declared proclaimed offender during proceedings u/s 138 NI Act - Parties compromised and complaint u/s 138 NI Act withdrawn - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR and all subsequent proceedings arising therefrom quashed...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 364, 120B -- Suspension of sentence during pendency of appeal - Appeal against conviction- Kidnapping for ransom - Accused already undergone 3 years, 5 months and 27 days of sentence out of 8 years - Left leg of accused is amputated - It would entail lot of difficulty as such to accused if he is..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident occurred in 2015 - Accused has already undergone 1 month and 10 days of actual custody out of entire sentence awarded to him - He never misused concession of bail/suspension of sentence - Accused is 46 years of age and has one child who is not earning and he is sole bread winner in the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 439 -- Recovery of 285 gms heroin - Bail - Petitioner has been in custody since 24.12.2017 - No overt act has been committed by petitioner and co-accused - No recovery has been effected from..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376 -- Summoning of additional accused - Respondent was declared innocent during course of investigation by assigning sufficient and cogent reasons - There is lack of prima facie material, and case stands short of standard of degree of satisfaction which is required to summon respondent as an..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No allegation against accused of any inducement by her to deceive and to deliver gold jewellery - Allegations of dishonest inducement and cheating are against husband of accused - In the absence of any allegation of inducement by accused, she cannot be..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Proceedings u/s 420 IPC - Maintainable even after initiation of proceedings u/s 138 NI Act...........
