Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(2)(va) -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC and Ss.3(1)(s), 3(2)(va) of SC/ST Act - Dispute between parties resolved amicably - No purpose is going to be served in..........
Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, Section 11(5) -- Application u/s 482 Cr.P.C - Maintainability - Confiscation order passed u/s 11 of 2004 Act - Provisions of Cr.P.C are specifically made applicable to 2004 Act - In the context of proceedings initiated under 2004 Act, there being no bar to exercise of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 4 cases - Concurrent running of sentences - When the parties are common and dispute/complaints arise from one common transaction of lease amount, same can be construed as one transaction only for purpose of extending benefit u/s 427 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in offence u/ss 60, 72 of UP Excise Act and Ss.420, 272 IPC - Magistrate has no jurisdiction to release vehicle seized u/s 72 of UP Excise Act during confiscation proceedings - Application dismissed...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Registered owner of vehicle has been implicated but, Court feels that an indefinite seizure of vehicle will not serve any purpose - So far as request of Public prosecutor to furnish a bank guarantee, since small quantity of 13 gms of smack was found that too in possession of..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
Criminal Procedure Code, 1973, Section 436A, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Juvenile is never under confinement by way of arrest - Confinement of juvenile in remand home cannot be construed just like confinement of under trial in jails/prisons - Provisions of S.436-A Cr.P.C is not applicable to the case - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of crop of green poppy - Bail - Petitioner was already behind bar at the time of recovery of said crop - Ownership of land in question is also being disputed and yet to be proved during trial - Factum of whether petitioner was behind sowing of said..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Delay in registration of FIR in rape case cannot be said to be of much significance as victim has to muster courage to come out in open and expose herself in a conservative social milieu...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
