Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 506, 387, 452, 327 -- Compromise - Offence u/ss 323, 506, 387, 452, 327 IPC - Compromise allowed for offence u/ss 323, 506 IPC - However, trial Court refused to attest compromise for offence u/ss 387, 452, 327 IPC as same are not compoundable - Since there is no possibility of conviction..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 294(b), 34, 114 -- Bail - Murder case - Accused is in jail since Oct 2018 - Investigation is concluded and charge sheet is filed - Allegation leveled against accused are almost similar to that of co-accused, who has been enlarged on bail - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Prior litigation pending between parties - Accused assaulted complainant party with lathi and tamancha - They chased complainant who tried to hide himself in a room of tubewell but they did criminal trespass, threat and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 323, 504 -- Quashing of proceedings - Murder - Allegation that accused along with applicant poured kerosene oil on victim who sustained serious burn injuries and as a result she succumbed to death - From perusal of allegation made in FIR, statement of witnesses during investigation, charge..........
