Criminal Procedure Code, 1973, Section 362 -- Review - Commutation of death sentence to life imprisonment - Murder case - Commutation of sentence of death to that of life imprisonment was done by Court after bestowing attention to relevant factors - Even record indicates that after conclusion of hearing, certain material from Probation Officer and Director General of..........
Indian Penal Code, 1860, Section 365, 458, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 365, 458, 148, 149 IPC - Compromise - Quashing of FIR - Matter between parties amicably settled - Offences in question though non-compoundable, however, prosecution qua non-compoundable offences can be closed by quashing FIR and consequent proceedings - FIR along..........
Indian Penal Code, 1860, Section 354B, 354D, 452, 506, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of FIR - Specific allegations levelled by complainant against accused - Though complainant and accused are elderly persons, however, Court cannot draw any presumption of false implication of accused on basis of the same - False..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Six opportunities were given to petitioner for producing defence evidence - However, having failed to avail such opportunities, right of petitioner was closed - Application filed at the appellate stage after taking 26 adjournments - Highly belated application appears to be instrument to..........
Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction admitted for final hearing - Cannot be dismissed for non prosecution without adverting to merits...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 377, 506 -- Anticipatory bail - Rape - Complainant was in relationship with appellant for a period of four years - Complainant was 21 years of age when relationship started - Now, if the relationship is not working out, the same cannot be a ground for lodging FIR for the offence of rape..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - False implication of relatives of husband in matrimonial disputes basing on general and omnibus allegations, if left unchecked would result in misuse of process of law - Proceedings against..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Main allegations against husband - Family members of husband who are mother and sister in law appear to have been implicated by way of general and omnibus allegations - No specific and distinct..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It is not open to High Court in exercise of powers u/s 438 Cr.P.C to add third parties to proceedings, as if it is invoking powers U.O.1.R.10 CPC much less those parties who are neither necessary nor proper parties to application under consideration...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Inquiry in anticipatory bail application must be limited to facts relevant and applicable to applicant who has come before Court - No attempt should be made to inquire into matters pertaining to some third party much less beyond scope of complaint/FIR in question...........
