Criminal Procedure Code, 1973, Section 227, 482, Indian Penal Code, 1860, Section 269, 270, 274, 337, 338, 304 -- Discharge - Offence u/ss 269, 270, 274, 337, 338, 304(Part I)PC - Main accused already discharged - Applicant merely advising to transfuse the blood collected from the Blood Bank of main accused and as such applicant has no role to play except to transfuse the..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of nine months including remission - He has faced agony of trial for more than 18 years - Accused is first time offender and he is only bread earner of family - Sentence of accused thus, reduced to period already undergone by him subject..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Matter is amicably settled between parties and no grievance survived between them - Parties are residing in the same village happily and peacefully - Offence u/s 323 IPC is compoundable as per S.320(1) Cr.P.C - Compounding of offence u/s 323 IPC is permitted - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 354, 504, 506 -- Quashing of Charge sheet - Offence u/ss 323, 452, 354, 504, 506 IPC - Disputed question of fact arising in the case, cannot be adjudicated by High Court at pre-trial stage - Genuineness or otherwise of allegations cannot be even determined at the stage of summoning..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 149, 148, 147, 307 -- Summoning of additional accused - Murder - Complainant who is also an eye witness of incident identified accused in the CCTV footage and stated his role in the alleged crime - Trial Court thus, not committed any error in summoning accused to face trial like other accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Indian Penal Code, 1860, Section 386 -- Using word `straight shooter' in Whatsapp message does not refer to any violent activity or mean literally to shoot with a firearm - Offence u/s 386 IPC not attracted...........
Indian Penal Code, 1860, Section 387, 506 -- No intention on the part of accused to put Respondent No.2 in fear of grievous hurt or death to deliver property nor did he have any intention to threaten Respondent No.2 with injury to his person, reputation or property - Offences u/ss 387 and 506 IPC not made out...........
