Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Delayed FIR - Offence u/ss 147, 148, 427, 435, 149 IPC - Delay of 15 days in lodging FIR - Curfew imposed throughout the District for a considerable period and there was wide spread communal rioting - In such situation, delay in lodging report was not fatal, as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 149, 147, 148, 504 -- Summoning of additional accused - Offence u/ss 307, 149, 147, 148, 504 IPC - Petitioners though made accused in FIR but no charge sheet submitted by police against them - PWs in their evidence at the trial, alleged active participation of the petitioners in commission of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 325, 307, 341, 147, 148, 149 -- Bail - Offence u/ss 323, 324, 325, 307, 341, 147, 148, 149 IPC - Genesis of incident is dispute on firing of crackers and there is no other dispute between parties - Trial has commenced but only one witness has been examined - Notice to de facto..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 302, 148, 149 -- Bail - Two versions regarding occurrence - No specific injuries attributed to petitioner - Role of petitioner to be determined during trial - Challan presented - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 186, 188, 427, 436, Prevention Of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Offence u/ss 147, 148, 149, 186, 188, 427, 436 IPC and Ss.3, 4 of Prevention of Damage to Public Property Act - Co-accused already granted bail - Case of petitioner cannot be distinguished..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 452, 326, 323, 354, 356, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 452, 326, 323, 354, 356, 148, 149 - In the instant case, investigating agency, after investigation filed cancellation report seeking cancellation of proceedings - Even, matter is compromised between parties and..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 147, 148, 149 -- Framing of charge - Charge u/ss 147, 148 r/w S.149 IPC framed against all 50 accused - Improper charges were framed, as Ss.147, 148 IPC are independent penal provisions and S.149 IPC creates only constructive liability...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 149, 352, 332 -- Order framing charge - SHO alleged to be prevented to serve summons to prosecutrix - SHO concerned accompanied by other police officers proceeded for serving summons on prosecutrix during odd hours at the place of residence of accused without being accompanied by lady..........
