Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 407, 178(c) -- Transfer of case - Permissibility - Matrimonial dispute between husband and wife - Complaint field by wife against her husband for offences u/ss 498A, 406 IPC at place `G' - Complaint shows that alleged acts of cruelty had taken place in matrimonial home of wife situated at..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Transfer of employee - Non handing over charge of godown - Sale and stock register of godown handed over by applicant to the godown incharge - List of goods stock already prepared and charge of godown handed over to Incharge of godown - Subsequent developments..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/ss 115 & 120-B IPC - Tampering with evidence and threatening the witnesses are two basic grounds for cancellation of bail and both the grounds exist against respondent No.2 - Moreover, 13 criminal matters pending against respondent No.2 - Material on record and conduct of respondent No.2 is..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Offence u/ss 366, 498, 342 & 506 IPC - Accused in judicial custody for 77 days - Investigation not completed and charge sheet not filed - Application for default bail returned on the premise that application has to be filed after 90 days from the date on which accused was remanded to judicial custody -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506 -- Anticipatory Bail - Petitioner granted bail earlier but offence u/s 307 IPC added later on - In MLR alleged history of injuries given as road side accident - As per FIR injuries given by knife and also with broken bottle - On the same facts petitioner was earlier arrested and..........
Indian Penal Code, 1860, Section 323, 504, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Accused persons alleged to have used caste remarks, caused insult to informant and threatened him with dire consequences - Offences punishable..........
Criminal Procedure Code, 1973, Section 209, Indian Penal Code, 1860, Section 292, Commission of Protection for Child Right Act, 2005, Section 25 - - Committal of case to Sessions Court by Magistrate - Validity - Accused persons charged for displaying CD's containing obscene pictures and also displaying spurious CD's of different films and same intended for either sale or..........
Criminal Procedure Code, 1973, Section 437(2), Indian Penal Code, 1860, Section 498A -- Grant of bail - Offence u/s.498-A IPC - Held, even though S.437(2) Cr.P.C. gives power to Magistrate to provisionally release an accused in certain situations, it does not cover cases instituted u/s.498-A IPC - Therefore, whenever Magistrate attempts to reconcile dispute of such nature..........
Indian Penal Code, 1860, Section 504, 506, 353, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Accused alleged to have abused public servant and threatened him with dire consequences - FIR and documents revealed that offences u/s.504, 506 prima facie made out against accused - However, accused allegedly did not assault or use criminal force..........
