Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 - Quashing of FIR - There is no allegation in the FIR that owing to the alleged offensive post attributable to appellant, complainant was provoked to such an extent that he could indulge in disturbing the public peace or commit any other offence - FIR thus, lacks the necessary ingredients of the offence u/s 504 IPC -..........
Indian Penal Code, 1860, Section 376(2)(n), 354D, 504, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v), 3(2)(va) -- Rape - Quashing of proceedings - Initial version of prosecutrix that accused committed rape upon her and she became pregnant and accused caused her abortion for which she was..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Indian Penal Code, 1860, Section 397, 395 -- Offence u/ss 397, 395 IPC - Identification of accused - PW1 identified the accused by seeing them at police station - No identification parade was conducted - Identification of accused for the first time in Court thus, cannot be said to be free from doubt - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 397, 395 -- Offence u/ss 397, 395 IPC - Recovery of iron rod - Iron rod is an article which could be found anywhere - It is not the case of prosecution that any stolen article was recovered from accused - Recovery is doubtful - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 2(c), Banking Regulation Act, 1949, Section 460A, Indian Penal Code, 1860, Section 21 -- Public servant - Managing Director and Executive Director of a banking company operating under licence issued by Reserve Bank of India, are public servants, as such they cannot be excluded from definition of `public servant'...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused came to house, picked up quarrel with deceased, beat her, poured kerosene oil upon her and set her on fire - However, when deceased raised cries, accused immediately pushed her into a water tub to put off the flames and in that process he suffered 20% burns - Incident occurred in the heat of..........
Hindu Marriage Act, 1955, Section 13A -- Divorce - Long period of continuous separation has resulted in matrimonial bond wrecked beyond repair - Marriage between parties has become a fiction - Wife filed a criminal case against husband u/ss 498-A, 504, 506 IPC but charge sheet was submitted only u/s 406 IPC and for rest of offences no evidence has been found against..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Second spouse with whom husband or wife has married cannot be prosecuted u/s 494 IPC...........
