Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether..........
Indian Penal Code, 1860, Section 420, 504, 506 -- Offence u/ss 420, 504, 506 - Compliant filed as a counter blast to complaint filed u/s 138 Negotiable Instruments Act - Plea that cheque not returned after accepting the amount - It is a matter of defence in the proceedings initiated u/s 138 of N.I. Act and petitioner would be getting appropriate opportunities in the..........
Indian Penal Code, 1860, Section 302, 34, 504 -- Murder - Common intention - When all the three accused persons separately armed with weapons storm into house of deceased, merely because only one out of them uses the weapon and gives the fatal blow, would not absolve others - Other two accused may not be required to use their weapons but that by itself does not change..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 323, 504 -- Bail - Offence u/ss 304, 323 & 504 IPC - Incident occurred due to simple quarrel and simple marpeet which resulted into death of one person - Deceased received three injuries out of which two are simple and only one injury caused internal damage - Prosecution failed to establish..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Voluntary causing hurt and grievous hurt - Rioting - Appeal against acquittal - Leave to appeal - There are four injured and their medical reports were duly proved before Trial Court - Out of four injured..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Petitioner seeking direction restraining authorities arresting him - Active role has been attributed to petitioner and he is named in FIR - Alleged occurrence has taken place in presence of administrative and police officers - One police..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer as to transfer of case to C.B.I for investigation by accused - Investigation of Criminal case may not be conducted at the choice of accused but fair investigation is right of both complainant and accused - No proper reason to say that..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer for instituting a commission of Judicial Inquiry - It is a criminal case in which specific allegation has been made in FIR - There is no valid reason requiring judicial enquiry headed by Judge of High Court sitting or retired - Prayer..........
Indian Penal Code, 1860, Section 307, 323, 504, 506, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compounding of offence - Offence u/s 307 IPC is no, compoundable whereas other alleged offences are compoundable - Permission can be granted to injured persons to compound the offence punishable u/s 307 IPC along with other offences as injured persons have..........
