Indian Penal Code, 1860, Section 384, Criminal Procedure Code, 1973, Section 482 -- Extortion - Quashing of order taking cognizance - Allegation that petitioners threatened respondent/wife to give an express undertaking to consent for divorce with her husband in divorce petition filed by husband pending in Court - However, there is not even an iota of evidence to show that..........
Indian Penal Code, 1860, Section 323, 504, 506, 384 -- Offence u/ss 323, 504, 506, 384 IPC - Quashing of summoning order - Complainant caught red handed by applicants while copying in examination by using unfair means - He filed complaint against applicants and summoning order was passed against them - Neither in the summoning order there is discussion of evidence nor..........
Indian Penal Code, 1860, Section 384 -- Extortion - For an offence to be made out u/s 384 IPC, threat must precede delivery of property and any subsequent threat in any manner is not relevant for an offence to be made out under this provision...........
Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Offence u/ss 420, 406, 384, 120-B IPC - Case of breach of contract - Neither there is any dishonest intention at the inception nor any threat was ever given prior to delivery of property - Even offence of conspiracy is not proved - Essential ingredients of alleged offences missing in case - Prima facie no allegations..........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, 406, 384, 323, 506, 34 -- Territorial jurisdiction - Offence u/ss 498-A, 406, 384, 323, 506/34 IPC - Marriage took place at place `D' and thereafter wife began to reside with husband at place `H' - Torture for dowry - Alleged offence cannot be said to have been committed wholly or partly..........
Indian Penal Code, 1860, Section 384, 506 -- Reduction of sentence - Offence u/ss 384, 506 IPC - Appellant/accused aged 83 years, is suffering from hypertension, sugar, high blood pressure, undergone 2 heart surgeries and require examination and bed rest - Since appellant returned property in question to complainant and also paid amount of compensation as per order of High..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 294, 384 -- Sanction for prosecution - Arrest of an accused in discharge of official duty may involve some elements of force which cannot be said to be unconnected with duty of an arresting police officer - Such assault might be in excess of performance of official duty but cannot be totally..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 384 -- Trial Court discharged accused of offence u/s 384 IPC stating that there was no prima facie material to attract the said offence - Magistrate did not record any reasons for passing an order of such discharge - Order of discharge set aside - Held, the effect of discharge of accused amounts..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 384, 504, 34 -- Compromise - Offence u/ss 323, 384, 504 r/w S.34 IPC - No case made out u/s 384 IPC in the FIR - No reason as to why the settlement arrived at by and between the parties could not have been accepted - Magistrate directed to proceed to consider the question in regard to..........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 384, 385, 386 -- Conviction u/s 307 read with S.34 IPC - Sentence awarded 7 years RI - High Court reduced sentence to that already undergone which is 10 months and 5 days - Satisfactory reasons for reducing sentence not assigned - Order of High Court very short and cryptic and thus exhibiting..........
