Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Continuous harassment of deceased in spite of objection by deceased as well as by her husband may amount to abetment of suicide - Charge u/s 306 IPC rightly framed against accused...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Benefit of probation - Accident - Rash and negligent driving - Accused is a lady having two children - She is not involved in any other case except this - Litigation has been going on for more than 7 years - Keeping in view nature of..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Possession of forged and counterfeit currency note with intention to use same as genuine is an offence u/s 489-C IPC...........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Seized articles were sent to FSL but prosecution did not take any attempt to produce and prove forensic report in respect of seized articles during trial of case - Non-production of forensic test report of seized articles will surely go against prosecution and without such report, guilt of accused not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 489D, 201 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 489-D, 201 IPC - No recovery was made from petitioner - Challan has already been presented and allegations alleged in the FIR are yet to be proved during trial - Trial of case is likely to take some time to conclude - No..........
Indian Penal Code, 1860, Section 499 -- Defamation - Mere statement that complainant was providing political support to some person that encouraged the said person to involve in immoral activities does not per se falls within scope and ambit of S.499 IPC because such statement cannot be said to be defamatory or derogatory by any sort of imagination as contemplated u/s 499..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that news item published in the newspaper of accused has leveled against complainant for giving political support to one lady that encouraged her to involve in immoral activities - However, in entire complaint there is total absence of any statement even in substantial measures, which part of publication..........
Indian Penal Code, 1860, Section 497, 448 -- Adultery - Offence u/s 497 IPC is struck down by Apex Court - Conviction of accused thus, not sustainable u/s 497 IPC - As regarding S.448 IPC, since there is inconsistencies and infirmities in evidence of PWs and presence of accused at the place of occurrence is doubtful, charge u/s 448 IPC also not proved against accused -..........
Indian Penal Code, 1860, Section 354A, 341, 323, 324, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Outraging modesty of 15 years old girl - Prosecutrix was in semi unconscious state and her body was soiled with mud at the time of registration of FIR, as admitted by her - Doctor who examined prosecutrix stated that injuries found on body of..........
