Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302, 307 -- Fine - Murder - Considering conduct of accused and financial damages suffered by victim's family, two deceased and injured, damages of Rs.10 lacs each awarded to legal heirs of two deceased for an offence u/s 302 IPC - Amount of fine as awarded u/s 307 IPC of Rs.5 lacs would be..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302, 307 -- Compensation to victim - Murder - Considering conduct of State who did not conduct the case fairly and also trauma and harassment faced by victim's family, in addition to compensation awarded u/s 357 Cr.P.C, further compensation u/s 357-A IPC is to be awarded - State directed to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
