Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Testimony of child witness - Murder of four members of one family - PW5 is five years old son of deceased - Inconsistencies as regards whether PW5 witnessed the incident cannot be..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Nothing on record to suggest or suspect involvement of two co-accused in crime except their sample fingerprints matched with those lifted from house..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Prosecution did not attempt to prove that call received by deceased `N' could be associated with accused `H' - Evidence of PW2 who had seen accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 396, 323, 326, 212, 412, 201, 120B -- Bail - Offence u/ss 307, 452, 396, 323, 326, 212, 412, 201, 120-B IPC - Active role played by accused in commission of crime - Accused was instrumental in managing certain objects for commission of crime as per investigation - Considering gravity and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused circulated certain photographs of prosecutrix on social media - Fact of accused and prosecutrix known to each other does not entitle accused to misuse the social media and to circulate objectionable material -..........
Indian Penal Code, 1860, Section 147, 506, Uttar Pradesh Regulation of Money Lending Act, 1976, Section 10(1) -- Offence u/ss 147, 506 IPC and S.10(1) of 1976 Act - Quashing of FIR - Serious allegations of money laundering made against accused - Accused are lending money whether they have licence to lend or not on record and question requires to be investigated - It cannot..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Maltreatment of wife by husband - In conciliation proceedings husband gave in writing that he will not maltreat wife again if she came back to live with him - This statement is virtually an admission of fact that husband maltreated wife - Allegations of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Offence u/ss 498-A, 406, 354 IPC - Allegation against father-in-law and mother-in-law - Husband and wife living separately long back before FIR came to be lodged - Allegation of outraging modesty of complainant as against her father-in-law was not found..........
Indian Penal Code, 1860, Section 499 -- Defamation - Complaint not disclosing defamatory/precise defamatory part of publication - To that extent complaint is patently defective and bad - Moreover, paper publication only reveal that publication mainly related to certain admitted facts and based on complaint made by second respondent - Publication by petitioner is totally..........
