Indian Penal Code, 1860, Section 354A(iii), Protection of Children from Sexual Offences Act, 2012, Section 11(iii) -- Sexual harassment - Act of showing any object to a child for pornographic purposes, amounts to offence u/s 354-A(iii) IPC and S.11(iii) of POCSO Act...........
Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 11(iv) -- Stalking - Victim stated in her statement u/s 164 Cr.P.C that she left her residence voluntarily and did not encounter or communicate with petitioner - This statement, therefore, fails to substantiate the essential elements of stalking as defined u/s 354-D IPC..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 364-A, 506, 34 IPC and S.25 of Arms Act - Petitioner is behind bars for last 10 months and 21 days - Out of total 18 PWs, only 4 have been examined so far - Conclusion of trial will take considerable long time - Culpability if any..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons for delay were well explained in application U.O.9.R.13 CPC and thereafter application u/s 5 of Limitation Act was also submitted for condonation of delay - Application U.O.9.R.13 CPC was not defective - Moreover, delay was hardly of six days and same was explained by petitioners - Ex..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note/facebook status and other evidence do not establish such a link between petitioner's actions and deceased's suicide - There is no allegation against petitioner of a nature that deceased was left with no alternative but to commit unfortunate act of committing suicide - Therefore, based on the..........
Indian Penal Code, 1860, Section 341, 294(b), 307, Unlawful Activities (Prevention) Act, 1967, Section 44(2), National Investigation Agency Act, 2008, Section 17 -- Production of name of witnesses - Protection - There was a danger to the life of a witness, the Court was required to apply its mind to decide what measures should be taken to protect the witness as regards his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 17 -- Exemption from limitation - Pleading - It is necessary that plaint should show ground upon which exemption from normal period of limitation is claimed...........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Petitioner is acquitted of charges in main complaint u/s 138 of N.I. Act - No useful purpose would be served by continuing proceedings u/s 174-A IPC against petitioner - FIR u/s 174-A IPC along with all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of brown sugar - Bail - As per record, a commercial quantity of brown sugar was recovered from the petitioners - Petitioners failed to overcome the restriction provided u/s.37 NDPS Act - Therefore, interim bails granted in favour of petitioners stand..........
