Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Successive FIR's not being a counter case, filed in connection with the same or connected cognizable offence cannot be sustained and not permissible under law...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - FIR against victim of rape for the offence of extortion - Compromise - Victim of rape a young lady of 23 years - If she goes through trial, in one case as victim and in another case as accused, it would rob the prime of her youth - Though in a heinous case like rape, proceedings in a..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW1 and PW4 - Glaring contradictions between testimony of PW1 and PW4 regarding type of material object used and role of A-2 and very foundation of case of prosecution stood shaken - Trial Court disbelieved the evidence of PW1, as nothing was stated in FIR regarding injuries sustained by him but she spoke about..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person is entitled to approach Sessions Court or High Court or even Apex Court, as the case may be praying for grant of appropriate protection from arrest inspite of there being no FIR registered against such person...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
