Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 505(1)(c), 509, Tamil Nadu Prohibition of Women Harassment Act, 2002, Section 4 -- Anticipatory bail - Outraging modesty of women on facebook - Controversial post on facebook degrading women journalists - Amounts to violation of constitutional rights of women - Bail rightly rejected...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 457, 380 -- Concurrent running of sentence - Offence u/ss 457, 380 IPC - Substantive sentences awarded to accused in all the 5 complaints if calculated jointly comes to 19 years and 3 months and maximum sentence awarded to accused is 4 years S.I. along with fine - Even, accused has already served..........
Indian Penal Code, 1860, Section 448, 380, 457, 447, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 448, 380, 457, 406, 120-B IPC - Quashing of FIR - Compromise entered into between parties - Magistrate recorded statements of parties and reported that compromise between parties is not the result of any pressure or coercion in any manner and is..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 420, 467, 471, 409, 120-B IPC - Petitioner was working as clerk in municipal Board, therefore, while maintaining files he was acting or purporting to act in discharge of his official duty, hence, sanction for prosecution u/s 197 Cr.P.C was essential - Moreover, there is nothing on record..........
Indian Penal Code, 1860, Section 191, 193, 199, Criminal Procedure Code, 1973, Section 340, 195 -- Perjury - Giving false evidence - Petitioner stated in complaint that respondent being a public servant has given false evidence in different cases before various Courts and sought for initiation of criminal action for perjury against her u/ss 191, 193, 199 IPC - However to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Property dispute - Case based on documentary evidence - Civil proceedings between parties are pending - Petitioner in pursuance to notice of motion joined investigation - His custodial interrogation would not be warranted - Without going into merits of..........
