Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
Indian Penal Code, 1860, Section 323, 341, 148, 451 -- Offence u/ss 323, 341, 148, 451 IPC - Remand of case by Revisional Court by setting aside order of acquittal - Offences alleged were of trivial nature - Three years precious time of trial Court was consumed in providing opportunities to complainant for giving evidence but he failed to do so without showing any..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 506, 188, 34, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Second application - Second application for anticipatory bail is maintainable when first anticipatory bail application was dismissed as withdrawn and same was not decided on merits - Petitioner already joined investigation..........
Ranbir Penal Code, 1989, Section 341, 383 -- Offence u/ss 341, 383 RPC - Quashing of FIR - Compromise - Parties have settled their dispute amicably out of their own free will and without any external pressure or coercion - Offence in question does not fall within offences of heinous nature of mental depravity - Even complainant has no objection if FIR is quashed - FIR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 379 -- Quashing of proceedings - Offence u/ss 323, 341, 379 IPC - Main allegations in complaint are with respect to partnership firm - Partner of partnership firm not made any complaint - One of accused is partner of partnership firm - Allegations in complaint are with respect to..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
Indian Penal Code, 1860, Section 326, 325, 341 -- Nature of offence - Offence u/ss 326, 325, 341 IPC - Plea of Private Defence - Prosecution fail to offer explanation for injuries caused to accused - Accused given the benefit of right to private defence -However, he has exceeded the same - Offence alleged deserves to be toned down from Ss.326 to 324 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 20, 3(1)(x), Indian Penal Code, 1860, Section 341, 323, 34 - - Special Court - Order taking cognizance - Jurisdiction to entertain a complaint and to take cognizance of offence under SC/ST Act is exclusively conferred upon Special Court, as provisions of general law empowering..........
