Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304A, 337 -- Summoning of additional accused - Rash and negligent driving - Merely because no claim petition has been filed against proposed accused, it cannot debar the prosecution to take action to avail remedy of S.319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304A, 337 -- Summoning of additional accused - Rash and negligent driving - Fatal accident - Accident occurred due to rash and negligent act of petitioner as he had accidentally opened widow of Indica car, due to which, motorcycle of deceased struck with truck being driven in a rash and negligent..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482, Indian Penal Code, 1860, Section 147, 323, 504, 506, 452 -- Cognizance of offence - Offence u/ss 147, 323, 504, 506 & 452 IPC - Accused not summoned for the offence u/s 506 IPC - This in itself shows application of mind - No ground to quash proceedings...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Scheduled Cites and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Rape case - Prosecutrix stated that petitioner No.2 not only committed rape upon her but also committed offence u/s 3 of 1989 Act - However, petitioner No.1 is the husband of maternal..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim - Enhancement of sentence and grant of compensation - Maintainability - Offence u/ss 363, 366-A IPC and S.6 of Protection of Children From Sexual Offences Act, 2012 - S.372 Proviso Cr.P.C. grants right to victim to prefer an appeal against any order passed by lower Court acquitting the accused or convicting him..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Summoning of additional accused - Dowry death - Respondents sought to be summoned were found innocent in the investigation, as they were residing separately and having separate ration cards - No specific demand of dowry was there and no harassment was caused to deceased immediately before..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Prosecutrix moved an application in the proceedings that accused committed breach of conditions of anticipatory bail and regular bail - It is not necessary to go into the allegations made in the application - Prosecutrix would be at liberty to make such application before trial Court..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Allegation of rape pertaining to the period almost 17 years ago in the year 2001 - No charge framed u/s 376 IPC in the year 2001 - Even prosecutrix did not take any steps for almost 9 years and charge u/s 376 IPC added only in the year 2014 - Merely because charge u/s 376 IPC added..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Prosecutrix moved an application in the proceedings that accused committed breach of conditions of anticipatory bail and regular bail - It is not necessary to go into the allegations made in the application - Prosecutrix would be at liberty to make such application before trial Court..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 376 IPC - Allegation of rape pertaining to the period almost 17 years ago in the year 2001 - No charge framed u/s 376 IPC in the year 2001 - Even prosecutrix did not take any steps for almost 9 years and charge u/s 376 IPC added only in the year 2014 - Merely because charge u/s 376 IPC added..........
