Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/s 3(1)(10) of SC/ST Act - Investigation of crime under the Act should be carried by Officer not less than Officer rank of Dy.S.P - Since I.O has admitted that he was not Dy.S.P at the relevant time, accused rightly acquitted...........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Panch witness turned hostile and not supported case of prosecution - Complainant stated that he was not able to identify his application given to police -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Contention that accused informed complainant that due to some changes in the management, all the previous liability would be undertaken by one `M' as per registered agreement - Held, shifting of liability after issuance of cheque has no significance as penal provisions attack..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Offence u/ss 420, 409, 467, 468 IPC - Further investigation - Exoneration of accused from departmental proceedings by itself may not be conclusive of criminal investigation and for this fact alone, High Court could not have ignored all other features of case and material factors that had surfaced before it - Further..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property after expiry of statutory period of two years - Application by legal heir of deceased accused - Accused is entitled to submit an application even after period of limitation stipulated u/s 85 Cr.P.C - Nothing thus, will preclude legal heir of accused from submitting application when accused is no..........
Indian Penal Code, 1860, Section 376, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of 7 years old minor girl - Victim supported prosecution version which was also corroborated by younger sister of victim - Accused/juvenile caught in the act at the spot and was beaten by people gathered there, as injuries were..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate is required to apply its mind as to whether sufficient ground for proceeding exists in the case or not - Formation of such an opinion is required to be stated in the order itself - Order though need not contain detailed reasons but order is liable to be set aside if no reasons are given therein..........
Drugs and Cosmetics Act, 1940, Section 18(a)(i), 16, 34 -- Sub-standard drug - Offence by Company - Liability of Directors - Appellants are neither Managing Director nor whole time Directors of Company - Accused Nos.9 & 10 have specifically been approved by licensing authority in Form 28 - Complaint is totally lacking the requirement of S.34 of the Act - Complaint..........
