Indian Penal Code, 1860, Section 341, 294 -- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law - Period of limitation is to be..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 341, 120B, 148, 149 -- Quashing of complainant - Sanction for prosecution - Prosecution was launched against complainant-respondent trying to trap his business partners by planting arms in their dicky - When they were called for investigation in pursuance to the FIR, his efforts to stop..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 19(1)(a), Indian Penal Code, 1860, Section 506, 341, 323, 148, 149, 120B -- Accused facing trial in a criminal case sought permission to go abroad on the ground that her daughter was residing in America and in order to get her visa extended, it is necessary for her to visit that country and..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 458, 323, 341, 506, 148, 149 -- Compounding of offence - Quashing of FIR - FIR registered u/ss 458/323/341/506/148/149 IPC - Parties are residing in same village and locality and belong to same caste - On intervention of respectables, disputes have been settled amicably by way of compromise -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 302, 307, 34 -- Bail - Offence u/ss 341, 302, 307 read with S.34 IPC - Two other co-accused granted bail - Prima facie material against the petitioner - Quarrel ensued between deceased and petitioner at the first instance and thereafter petitioner with other co-accused caused assault -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 341, 148, 149, 120B -- Anticipatory bail - Offence u/ss 302, 323, 341, 148, 149, 120-B IPC - Accusations levelled against the petitioner do not seem to be false, baseless and groundless - Petitioner avoiding arrest with connivance of police - Petitioner not entitled to bail...........
Indian Penal Code, 1860, Section 302, 341, 307, 34 -- Acquittal by trial Court - Conviction by High Court - FIR promptly lodged - Copy of FIR forwarded to Magistrate without delay - Evidence of PW1 relating to attack on deceased corroborated by documentary evidence and oral testimony of PWs.4, 11, 2 & 3 - PW3 independent witness and her house located opposite the place of..........
Indian Penal Code, 1860, Section 302, 307, 149, 148, 341 -- Death of D1 and D2 homicidal - Grave and serious injuries to PW1 - Evidence of doctor clear, categorical and unambiguous that PW1 was in a fit condition to give statement - Statement of PW1 recorded by PW11 in presence of doctor wherein he gave detailed version of incident - His testimony corroborated by medical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4, 18 -- Anticipatory bail - Informant belongs to Scheduled Caste - Allegation leveled by informant that it were only petitioners `B' and `U' who had insulted and intimidated by calling her "Dusadhin"..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 341, 379 -- Bail - Offence u/s 326 not made out but registered against accused by misuse of power - Without expressing any opinion on merits of the case, bail granted...........
