Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Time-sensitive data - Data sought to be preserved would inevitably be deleted within certain time frames and further some records sought including CDRs and CCTV..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(3)(n), 376(h), 376(d), 377, 384, 307, 385, 366, 354, 354(A), 313, 502(2), 506, 504, 323, 34, Arms Act, 1959, Section 4, 25 -- Bail - Rape - Accused had sexually, physically and financially exploited the victim - Both accused and victim are married to their respective partners - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........