Electricity Act, 1910, Section 50, 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Acquittal - Validity - Held, any prosecution if lodged by perso, i, charge of particular area of Electricity Department his capacity would be enveloped under definition `person aggrieved' of Electricity Department to launch prosecution against person accused of theft of..........
Indian Penal Code, 1860, Section 302, 201, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Proof - Deceased last seen in the company of appellant and accused No.1 - Oral evidence extracted against each of the circumstance could not be contradicted materially as prosecution witnesses remained firm and unshaken - Documents exhibited by..........
Indian Penal Code, 1860, Section 498A, 323, 379, 34, 504, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Charge-sheet filed pertaining to offence u/s.498A IPC - Another FIR by complainant u/s. 498A, 323/34, 379/34 and 504IPC and S.4 of DP Act - Police after investigation found allegations false..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379 -- Anticipatory Bail - Offence u/s 379 IPC - Accused no more required for custodial interrogation - There are no allegations on behalf of State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379,411 -- Bail - Offence u/ss 379 & 411, IPC - No recovery as alleged by prosecution - No independent witness of alleged recovery - No credible evidence regarding applicant's complicity in alleged offence - False implication just to harass - No chance of applicant's fleeing away from judicial..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
Indian Penal Code, 1860, Section 379, 447, 506, 511, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Theft - Trespassing - Petitioner had merely made an attempt to take possession of property on which khokha of complainant exists - He has been in custody w.e.f. November 7, 2011 - Challan have already been presented against him - Held, petitioner can be..........
Indian Penal Code, 1860, Section 379, 411 -- Stolen property recovered from a thief - A real thief cannot be a receiver of a stolen property - A real thief can be convicted for the offence of theft but he cannot be convicted and sentenced u/s 411 IPC...........
Indian Penal Code, 1860, Section 379, 328 -- Theft - Occurrence of the year 1992 - Accused had no criminal antecedent prior to the incident - Nothing to show that accused committed any crime after the incident - Sentence u/s 328 IPC reduced from five years to three years RI...........
Criminal Procedure Code, 1973, Section 202, 482, Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Jurisdiction - While summoning accused Magistrate did not consider the impact of amended provision of S.202 Cr.P.C. which makes it incumbent upon him to make inquiry if the proposed accused persons are not residing within the jurisdiction vested with him - Entire..........
