Indian Penal Code, 1860, Section 376, 511 -- Rape - Attempt - Difference between preparation and an attempt to commit rape - For offence of an attempt to commit rape, it is necessary to prove that accused has gone beyond stage of preparation - If an accused strips a girl naked, making her flat on ground, undresses himself, forcibly rubs his erected penis on private part of..........
Criminal Procedure Code, 1973, Section 401 -- Charge under section 630(1)(b) of the Companies Act - Revision - Chief Judicial Magistrate allowed complainant - Respondent's application for issuance of warrant of arrest of petitioner as he failed to hand over the possession of the occupied property as per order of High Court - Petitioner in custody since 12.06.1997 - Held by..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - Proceedings under Section 145 of Cr.P.C. adjourned sine die by SDM on 24.03.1995 - There was order of status quo regarding possession - For the same land between same parties SHO presented another Kalender on 09.04.1995 - The very same SDM passing order attaching land on 04.05.1995 - Held the..........
Criminal Procedure Code, 1973, Section 482 - - Complaint for punishment under section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 - Petition for quashing - Criminal complaint filed on 06.09.1986 - Initially tried as warrant case - Then changed to summon case - Again to warrant procedure - Charged framed on 25.01.1996 - No evidence of the case proceeded..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings under Section 133 - Question regarding land belong to a party cannot be finally adjudicated - That would be a matter for the adjudication by the Civil Court - When bonafide claim is made that a portion of land belongs to respondent and there is prima facie proof, Magistrate would be justified in not taking action..........
Criminal Procedure Code, 1973, Section 482 -- Compensation - Prayer for independent probe preferably by CBI into the death in Police Custody - Alternative relief of compensation to the legal representative not made in petition - Held that the provisions of section 482, Cr.P.C, are extraordinary in its nature and do not curtail the powers of the Court, which can be..........
Criminal Procedure Code, 1973, Section 164, 438 - - Anticipatory Bail - FIR u/S.366/120B IPC - The petitioner hiding himself and abducted girl - Investigating officer unable to proceed with investigation - Petitioner placing on record of petition for anticipatory bail statement of the abducted girl recorded by the Additional Chief Judicial Magistrate on filing of..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Under Sections 448, 452, 506, 465 and 466 - Petition for quashing - The case still under investigation - The Court while exercising the inherent powers in no manner is in a position to divulge upon the merits of the case under the provisions of Section 482 and Scuttle the investigation...........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -Revision - Against conviction - Sentence - Alleged adulteration of food article pertained to deficiency of sugar - In no manner was it injurious to the health of human being - Accused going through ordeal of the litigation for the last seven years and was under..........
Indian Penal Code, 1860, Section 376 -- Indian Evidence Act, 1872, Section 114A - Section 114A of the Evidence Act does indicate that in a case of gang rape, if the prosecutrix states in her evidence before the court that she did not consent to sexual intercourse, the courts shall presume that she did not consent to sexual intercourse - This presumption is rebuttable...........
