Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 302, 323, 458, 285, 460, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 302, 323, 458, 285, 460 IPC and Ss.25, 27 Arms Act - Name of petitioner is not mentioned in FIR but he has been implicated on basis of disclosure statement made by co-accused - Single witness has not been..........
Criminal Procedure Code, 1973, Section 31 -- Consecutive running of sentence - Triple murder - As offences have been considered separately, trial Court directed sentences to run consecutively instead of concurrently - No illegality in the said order as commission of offence u/s 302 IPC has been taken separately for each case - Moreover, it is not a case where person died..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against maternal uncles of husband - Accused are not immediate family members of husband - Except bald statements nothing else indicating their involvement in the crime was mentioned - Prima facie case against accused has not been made out on..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 279, 304A -- Concurrent running of sentences - Rash and negligent driving - Accused convicted in two different cases - Concurrent running of sentences awarded to accused in both the cases cannot be allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B -- Bail - Offence u/ss 420, 465, 467, 471, 120-B IPC - Petitioner granted bail in eight cases wherein allegations are identical - Even, co-accused have already been released on regular bail or anticipatory bail - Moreover, offence is triable by Magistrate - Challan has..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Charge altered u/s 302 IPC to S.304-A IPC by High Court - Validity - Blast occurred in factory premises which took the life of seven workers - No fault occurred in decision of High Court for altering the charge - Without expressing any opinion on factual controversy, Sessions Judge directed to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that wife, at the time of marriage, wrongly represented that she had completed her MCA but she completed MCA after marriage - It cannot be said that wife cheated husband at the time of marriage more particularly when husband lived with wife as husband and two children..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Incident occurred in broad day light and in presence of numerous witnesses - Deceased was chased for quite a distance and she was set on fire after drenching her with petrol - Several eye witnesses have been cited by prosecution and they all reside near to house of accused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 406 -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B, 406 IPC - Complainant backing out from compromise - Complainant cannot be permitted to back out from her statement particularly when her claim has been satisfied and she made a statement that matter has been mutually..........
