Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Benefit of acquittal on parity basis - Cases of both co-accused and present accused stand on same footing - If after considering the matter, benefit is given to accused, similar benefit ought to be extended to co-accused - Co-accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Quashing of proceedings - Cheating - Main allegations are levelled against co-accused and others - Only allegation against accused is that they have purchased property in question, which was attached - Nothing is brought on record that at the time when property was..........
Indian Penal Code, 1860, Section 366 -- Abduction - In order to constitute the offence of "abduction", a person must be carried off illegally by force or deception, i.e to compel a person by force or deceitful means to induce to go from one place to another...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 34 -- Quashing of proceedings - Abduction - Victims were not abducted nor were they coerced to travel in the vehicle - They are major and victim went voluntarily with accused - There is no allegation of kidnapping or abduction of victims by prosecution - Even, there is no case for victims..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC is cognizable and non-bailable, thus has to be tried as a State case and not as complaint case...........
Indian Penal Code, 1860, Section 420, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Complainant alleged in the complaint that accused misbehaved with him and his wife on mobile phone twice or thrice using abusive languages and threatened them with dire consequences - It is not alleged in the complaint that accused or her family..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 5 months and 12 days - He is first time offender and he is only bread earner of family - Accused has faced agony of trial for a considerable long period - Moreover, it is a case of injury sustained in the accident -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
