Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Petitioner is joining and co-operating in investigation, he is not in a position to tamper with prosecution evidence nor in a position to flee from justice - Custodial interrogation of petitioner is not at all required by police - Co-accused is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 506, 148, 149, 120B -- Anticipatory bail - Offence u/ss 323, 452, 506, 148, 149, 120-B IPC - Injuries found on injured were in the nature of lacerated wounds, therefore it will certainly be debatable as to whether same were caused with sword, as alleged in the FIR - Petitioner have..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Main allegation is against husband and father-in-law of deceased supported by dying deceleration - However, no accusation against prospective accused in dying declaration - General allegation..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 506 -- Sexual assault - Accused threatened prosecutrix after sexually assaulting her and which is why she was terrified in Court after seeing him - Testimonies of prosecutrixes with respect to incident of sexual assaults and threats having a ring of truth are clear, cogent,..........
Indian Penal Code, 1860, Section 107 -- Abetment - Instigation - Word uttered in a fit of anger or motion without intending consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quarrel had taken place between accused and husband of his sister - Accused told deceased to go and die - Deceased had committed suicide on third day of quarrel - It cannot be held that suicide was direct result of quarrel because there was enough time for deceased to think over and reflect - Charge of..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Medical evidence - There is no cogent and convincing evidence available on record to show that deceased died unnatural death or committed suicide - No post-mortem examination on dead body of deceased was performed, which might have gone to show the cause of his death - Even, no inquest proceedings were..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Family of deceased had no suspicion or doubt that deceased committed suicide or for that matter his wife and members of her family had abetted the same and it was about one month, version was changed and matter was reported to police - No plausible and satisfactory reason for non-sending of suicidal letters..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - From a bare perusal of FIR, it appears that it is a civil dispute relating to agreement to sell, which is given colour of criminal litigation - FIR quashed...........
Indian Penal Code, 1860, Section 395, 412, Arms Act, 1959, Section 26, 35 -- Offence u/ss 395, 412 IPC and Ss.26, 35 of Arms Act - From cross examination of informant it is apparent that he cannot identify accused who has threatened him and who had taken away money from bag in vehicle - Identification of accused in TIP is also not reliable - Though PW7 and PW8 who are eye..........
