Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 353, 186, 379A -- Anticipatory bail - Offence u/ss 323, 353, 186, 379-A IPC - Petitioner is a 30 year old lady and is not involved in any other criminal case - Without expressing any opinion on the merits of the case, anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 323, 506, 148, 149 -- Bail - Attempt to murder - Injury on left hand of complainant has been attributed to petitioner - Challan stands presented, but charges are yet to be framed - Petitioner is in custody since 10.7.2020 - Trial of case would take time to conclude - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 148, 308, 341 -- Quashing of FIR - Offence u/ss 323, 148, 308, 341 IPC - Dispute amicably resolved between parties in view of compromise - Though the offences are not compoundable but since the offence essentially between parties which is not affecting public peace and tranquility - FIR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 109, 114, 506, 294A, Dowry Prohibition Act, 1961, Section 3, 5, 7 -- Quashing of FIR - Cruelty - Dowry demand - Complainant specifically alleged in complaint that six months after the marriage, accused started harassing and demanding dowry from her - Specific instances regarding..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and S.323 IPC - Allegation that accused caught hold of complainant and pulled her by holding her hair and also caused injury on cheeks of complainant - Complainant was taken to hospital and..........
Indian Penal Code, 1860, Section 323, 325, 149, 148 -- Offence u/ss 323, 325, 149, 148 IPC - Reduction of sentence - On parity basis - All the accused collectively caused injuries to PW1 to PW5 in furtherance of their common object - High Court has let off other five accused on sentence which already undergone to them - However, no reason given by High Court as to why same..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R)(S) -- Quashing of FIR - Offence u/ss 341, 323 IPC and S.3(1)(R)(S) of SC/ST Act - Compromise entered into between parties - Offences u/s 341, 323 are compoundable in nature - FIR quashed...........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
