Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Quashing of complaint - Cheating - Merely because complaint is made by member of parliament, it cannot be said that complaint was politically motivated, particularly when allegations were prima facie correct - Petition for quashing rejected...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Sanction for prosecution - Cheating - Act committed by accused cannot be said to have been committed by him while acting or purporting to act in discharge of his official duty - Sanction u/s 197 Cr.P.C. for prosecution of accused not required...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cheating - Dowry demand - Allegation that after Roka ceremony was performed, accused made demand of car and gold ornaments and on no, fulfillment of the same, marriage was broken and accused got married with another girl -..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 324, 323, 341, 34 -- Quashing of FIR - Offence u/ss 324, 323, 341, 34 IPC - Compromise arrived at between parties in presence of respectable people of village - Alleged offences are not heinous offences showing extreme depravity nor they are against society - They are offences of personal..........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 451, 323, 325, 34 -- Revision against conviction - Offence u/ss 451, 323, 325, 34 IPC - No medical evidence on record to support injuries caused to PWs/injured in such incident - Even, PWs/injured witnesses were not medical examined - Story of giving beatings to PWs with stick by prosecution..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304 -- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Accused allegedly misappropriated loan amount of Rs.20 lacs entrusted to him by complainant for establishing factory - However, there is no evidence to substantiate that said amount of loan entrusted to accused by complainant - Neither loan papers not amount of loan..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused and deceased first cousins - There was no enmity between both of them or their family - Investigation conducted by police reveals that they had consumed liquor - Prima facie case of prosecution is that deceased molested wife of accused and on this accused..........
Criminal Procedure Code, 1973, Section 468, 473, 482, Indian Penal Code, 1860, Section 304A -- Delay of 17 days in filing charge sheet - High Court by exercise its power u/s 482, Cr.P.C., condoned the same in the interests of justice in view of the fact that two lives have been lost and it will be a travesty of justice if accused is allowed to go scot-free on the ground of..........
Criminal Procedure Code, 1973, Section 397, 401, 239, Indian Penal Code, 1860, Section 353, 354 -- Revision - Order of discharge - Offence u/ss 353, 354 IPC - Victim/informant is aggrieved by impugned order of discharge of accused - Justice must appear to have been done - Victim should not be deprived of due hearing or her say - Impugned order of discharge set aside with..........
