Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 366, 376, 120B -- Summoning of additional accused - Offence u/ss 366, 376, 120-B IPC - Story put forth by prosecutrix in statement recorded u/s 164 Cr.P.C. is nothing but absolute creation of imagination - Moreover, it is a case of a mature married woman, married against her wishes, eloping with..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Second FIR on same cause of action - Quashing of - Cheating - Allegation that accused forged and fabricated lease deed - Validity and genuineness of lease deed is subject matter of earlier FIR and qua same trial is pending - Second FIR qua same land on same cause..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Offence u/ss 457, 376, 511, 354, 354-A IPC - It is apparent that trial Court has not at all examined material available on record including site-plan and variance in allegations of FIR, police statements of prosecutrix and her statements recorded u/s 164 Cr.P.C. while framing charges - Order framing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rejection of divorce petition and acquittal of accused/husband in criminal case have no significant bearing on fate of application for maintenance, as legal obligation of husband to maintain his wife has no correlation with his exoneration in proceedings u/ss 498-A and 406 IPC...........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC and S.4 Dowry Prohibition Act - Complainant herself stated in her statement that she implicated appellants herein out of anger and they had no role in the family dispute and they were not party in making any demand of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 294A, 420, 120B -- Quashing of FIR - At the stage of investigation - Validity - Offence u/ss 294-A, 420, 120-B IPC - Accused allegedly printed lottery tickets and sold it without permission and amassed enormous profit from the same - Huge amount of cash of Rs.7.2 crores recovered from house of..........
Criminal Procedure Code, 1973, Section 401, 482 -- Summoning of accused by revisionary Court - Offence u/ss 342, 500, 120-B IPC - There is no dispute that complaint filed by complainant was dismissed by Magistrate and complainant challenged the said order before revisionary Court - However, there is no evidence on record that revisionary Court while setting aside order of..........
Indian Penal Code, 1860, Section 294, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 294 IPC - Use of abusive words - Petitioner no.1 abused complainant by using obscene language publicly - Even though there are some discrepancies in the statements of witnesses relating to actual abusive words hurled at complainant but prima facie case u/s 294 IPC is made out..........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Once Sessions Judge found accused guilty of murder punishable u/s 302 IPC, only punishment that can be awarded is either death penalty or life imprisonment and fine - It is unbelievable that how Sessions Judge awarded 10 years jail..........
