Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of proceedings - No allegations against accused that they are part of any conspiracy or acted in connivance with `N' for purchase of land which was duly recorded in her ownership at the time of registration of sale deed in their favour - Moreover, prior to registration of FIR, complainant had..........
Indian Penal Code, 1860, Section 420 -- Cheating - Quashing of FIR - FIR in question lodged by complainant subsequent to complaint u/s 138 of N.I Act filed against him - Complainant admitted that he issued cheque which is subject matter of complaint case filed by petitioner - Petitioner cannot be allowed to be prosecuted for bald allegations, burden to prove whereof is on..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 365 -- Anticipatory bail - Offence u/s 365 IPC - Accused has joined investigation - No custodial interrogation is required - Interim bail granted to accused is made absolute subject to conditions envisaged u/s 438(2) Cr.P.C - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - No certificate of age of victim has been exhibited during trial by any of PWs - Doctor's opinion is only evidence available in the case which may be relied upon - Doctor opined that age of victim was below 18 years and if we add 2 years..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Victim left her home alone and she boarded auto-rickshaw on her own on the date of incident as per PWs - She travelled with accused and stayed with him for about eight months and there is no evidence that she was ever detained by accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Husband and in-laws demanded dowry from the date of marriage itself - Wife was beaten by husband and her in-laws - Allegations of marpeet is on record - But no medical reports have been filed - I.O conducted investigation and proved the documents on record - It is..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Offence u/ss 409, 467, 468, 471 IPC - Reduction of sentence - Incident occurred in the year 1993 and accused already paid Rs.20,000 - Accused remained in custody for a period of 8 months and six days - While maintaining conviction of accused, sentence reduced to period already undergone...........
