Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Deceased was in possession of a mobile phone and cash of Rs.2000 when he left home - However, he did not return on the same day - Recovery of Rs.300 from the possession of accused from his house is inconsequential, as that much amount would be available in every household if not more - Moreover, there is..........
Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Circumstantial evidence - Dead body of deceased found in cattle shed with grievous head injuries and also injuries on his mouth with few teeth broken - Stone with which head of deceased was crushed was not sent for fingerprint expert's opinion so as to ascertain whether stone had any finger print of..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Reduction of sentence - Accused remained behind bars for about 5 months out of total sentence of 6 months only - He not indulged in any other criminal case except present one - Considering the fact that he has suffered 5 months of incarceration and he faced financial hardship and had to go through mental agony,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 379, 504, 506 -- Bail - Cheating - Dispute between parties appears to be essentially relating to demarcation of land at best a case of criminal trespass - Accused is in custody since May 2022 and by now investigation of case must have progressed substantially - Though several cases..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
