Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Averment made in FIR itself is not supported by any material in respect of alleged knowledge to accused that complainant belonged to a Schedule Caste - Fact that matrimonial case of accused party is dealt with by complainant/Protection officer not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 429, 435 -- Delay in lodging FIR - Offence u/ss 429, 435 IPC - Accused allegedly put hut of complainant on fire and committed a mischief by killing a calf - He himself in his statement u/s 313 Cr.P.C stated that Panchayat was convened to effect a compromise a day after alleged occurrence - Efforts..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Name of accused missing both in Dehati Nalishi (FIR) as well as in statement of eye witness recorded u/s 161 Cr.P.C - No explanation given for the same - Eye witness not identified accused in the Court, as he stated that when deceased was being attacked he told him to go to his house and inform that accused are..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proclaimed offender - Offence u/ss 420, 447, 506, 120-B, 34 IPC - There is nothing on record which shows that petitioner was ever served Court notice or investigating officer ever served him u/s 105-B Cr.P.C before filing report u/s 173(2) Cr.P.C. - Even, sister and mother of petitioner have been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Service -- Termination - Post of teacher - Allegations of sexual harassment of adolescent girls - Two FIRs filed by girls and prima facie allegations made in FIR sustainable in police investigation - Even not only two girls but other students were also complaining of objectionable behavior of respondent with girl students and some parents also gone to extent of leveling..........
Indian Penal Code, 1860, Section 379A, 365, 411, 341 - - Quashing of FIR - Offence u/ss 379-A, 365, 411, 341 - Repossession of hypothecated car on interim order from arbitrator - No illegal act has been done by petitioners as they after obtaining legal interim order from arbitrator, pursuant to terms and conditions of the loan agreement took possession of hypothecated car..........
