Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(15), Criminal Procedure Code, 1973, Section 321 -- Juvenile - Withdrawal from prosecution - Opposite parties were declared juvenile by JJ Board - Both the opposite parties were school going children and their future may have been hampered in case criminal cases were to be allowed for trial - Criminal..........
Prevention of Corruption Act, 1988, Section 7, Evidence Act, 1872, Section 24 -- Illegal gratification - Extra judicial confession - Evidence of PW1, PW2 and PW3 shows that confessional statement made by Officer did not appear to be voluntary, as they were already aware about the racket of touts in recruitment scam - PWs admitted that officer was part of team - No material..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Substantive proceedings u/s 138 of N.I. Act have already been amicably resolved amongst parties, resulting in withdrawal of complaint or quashing of proceedings - FIR registered u/s 174-A IPC as a result of..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Victim was merely aged about 7 years and accused has committed a heinous offence by sexually assaulting him - DNA profile obtained from underwear of victim matched with DNA profile obtained from blood sample of accused - Ocular version as well as..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Suit for declaration that cheque was issued as a security - Plaintiff cannot be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law - Plaint is liable to be rejected..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(2)(vii), 4 -- Quashing of investigation - Offence u/ss 3(1)(v), 3(2)(vii), 4 of SC/ST Act - Even accepting allegations in report to be true, no offence under SC/ST Act is made out - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 304(Part I), 149, Evidence Act, 1872, Section 32 -- Offence u/ss 304(Part I), 149 IPC - Dying declaration - Dying declaration of deceased was recorded on next day of occurrence - Since deceased was having stab injury by a knife, there was possibility of danger to his life and therefore by way of prudence, if dying declaration was recorded..........
Hindu Marriage Act, 1955, Section 13B, 23, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
