Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 447, 379, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(G)(S), 3(2)(S)(A) -- Quashing of FIR - Compromise - Offence u/ss 427, 447, 379 IPC and Ss.3(G)(S), 3(2)(S)(A) of SC/ST Act - Dispute between parties has already been settled amicably - Complainant..........
Indian Penal Code, 1860, Section 379, 114, Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(2) -- Detention - Simplicitor registration of FIR/s - By itself cannot have any nexus with the breach of maintenance of public order and authority cannot have recourse under Gujarat Prevention of Anti Social Activities Act - Moreover, no other relevant and cogent..........
Indian Penal Code, 1860, Section 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Theft of sand - Quashing of proceedings - Person can be prosecuted for offence u/s 379 IPC on the allegation of illegal mining in view of S.22 of 1957 Act, as offence u/ss 4, 21 of 1957 Act is..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Indian Penal Code, 1860, Section 302, 498A, 379, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 106 -- Murder of wife by her husband - Dowry demand - Circumstantial evidence - Accused used to harass the deceased for additional dowry since birth of his son - He was an inmate of house along with deceased - Facts relating to death of deceased and..........
Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft - Appreciation of evidence - Evidence of PW1 & PW2 reveals that on the date of incident, sometime prior to incident, accused had come to the office of District Industries Centre and after sometime of his going back from office theft of motorcycle came to the knowledge of PW1 & PW2 - Even,..........
Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft of motor cycle - Motor cycle recovered while lying at an unattended condition - Accused arrested without there being any evidence so as to connect him with the alleged crime - Arrest memo not exhibited by prosecution during its evidence - Circumstance of recovery cannot be used against accused -..........
