Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Indian Penal Code, 1860, Section 304(Part II), Criminal Procedure Code, 1973, Section 100 -- Offence u/s 304(Part II) IPC - Plea of self defence - Accused were the aggressors - Plea of self defence therefore not available to aggressors - Moreover, three persons were injured and one succumbed while only accused no.1 suffered minor injuries - Plea of self defence rejected -..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B -- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Criminal Procedure Code, 1973, Section 2(wa), 372, Indian Penal Code, 1860, Section 468, 420, 471 -- Appeal against acquittal - Right of victim - Offence u/ss 468, 420, 471 IPC - Allegation that petitioner was induced to issue a character certificate in favour of accused on the strength of forged certificate - Petitioner had suffered wrongful loss and injury by issuing an..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Police personnel - Allegation that false case u/ss 324, 34 IPC has been filed by police personnel/respondents against nephew and brother of petitioner - However, allegations made by petitioner against respondents do not inspire confidence - Inquiry report of ACP concluded that complaint of petitioner..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of official duty, as the accused..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - Parents of prosecutrix were not present when incident took place - FIR lodged immediately after return of parents of prosecutrix - Delay sufficiently explained - Prosecution case cannot be doubted on account of delayed FIR...........
Indian Penal Code, 1860, Section 384, Criminal Procedure Code, 1973, Section 482 -- Extortion - Quashing of order taking cognizance - Allegation that petitioners threatened respondent/wife to give an express undertaking to consent for divorce with her husband in divorce petition filed by husband pending in Court - However, there is not even an iota of evidence to show that..........
