Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 182 IPC - Quashing of kalendra - Petitioner allegedly made complaint with allegations that his son mercilessly beated and bed ridden by accused - Police after investigation submitted cancellation report, as accused found not involved in case - Accordingly, kalendra u/s 182 IPC..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - Compromise between parties is genuine, arrived voluntary without any fear or force - Even, none of the parties is proclaimed offender - Keeping in view the facts and circumstances of the case, it would be in the interest of justice to quash the FIR as no useful purpose would..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations - While taking a decision to grant bail Court is required to consider the nature and gravity of offence and antecedents of accused...........
Criminal Procedure Code, 1973, Section 235(2) -- Imposition of punishment - Discretion of Court - Duty is cast on court to award proper punishment keeping in view nature of offence, its manner of execution etc. - Court to impose such sentence which not only fulfills mandate of statute but also reflects conscience of society as crime committed not only against victim but..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
Forest Act, 1927, Section 52, 52A, 52C, 54, Criminal Procedure Code, 1973, Section 482 -- Forest produce - Illegal transportation - Seizure of vehicle - Release of vehicle - Jurisdiction of Court u/s 482 Cr.P.C. - Court cannot order release of vehicle in exercise of power u/s 482 Cr.P.C. as once vehicle is seized with reason to believe that it has been used in committing..........
Criminal Procedure Code, 1973, Section 451, 457 -- Custody and disposal of property - Power u/s 451 Cr.P.C. - Should be exercised expeditiously and judiciously - It will serve the purpose : (i) Owner of article will not suffer because of its remaining unused or by its misappropriation; (ii) Court or police will not be required to keep article in safe custody; (iii) while..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 307 -- Discharge - Attempt to murder - All four injured persons received injuries on the skull - Repeated blows were rained on the head of injured by accused which is sort of murdering the victims - Injuries were inflicted with significant force and went up to depth of bone - Therefore, discharge..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 34 -- Anticipatory bail - Kidnapping - Victim boy not traced so far - Six months prior to incident accused threatened complainant that he will be made issueless and even three months prior to incident also, accused had gone to school of victim and called him outside the school but he did..........
