Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Criminal Procedure Code, 1973, Section 228(1)(a) -- Offence u/ss 323, 325, 308 IPC - Plea for committal of case to Court of Magistrate on the ground that offence u/s 308 IPC is not made out - Whether offence u/s 308 IPC is committed or not and whether offence falls under first part or second part of S.308 IPC are matters to be decided during trial - At this stage it can..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452 -- Quashing of summoning order - House trespass - Incident of thrashing of victim by accused can be said to have taken place on road only - Summoning of accused u/s 452 IPC is out of record and is based on surmises and conjectures - Summoning order, charge sheet and entire proceedings u/s 452..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 341, 379A, 379B, 120B, 149, 147 -- Bail - Compromise - Offence u/ss 323, 365, 341, 379-A, 379-B, 120-B IPC - Petitioner was not named in the FIR but he was named by victim in a statement recorded u/s 164 Cr.P.C - Evidentiary value of such statement would be subject matter of trial - It..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Without any change in circumstance much less substantial change in circumstance - On said ground alone, petitioner deserves to be dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - FIR registered under Gujarat Control of Terrorism and Organized Crime Act (GCTOC) - For invoking provisions of GCTOC Act, more than one charge sheet must have been filed in preceding period of last 10 years - Since, only one charge sheet was filed in respect of an activity which can be said to have been undertaken by..........
