Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Four blows were given on head of deceased besides other blows, which shows clear intention of appellants to commit murder of deceased - Appellants rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - All PWs narrated incident consistently - Incident had not occurred on the spur of moment or as a result of sudden quarrel - Appellants committed crime in the room of deceased and door was bolted from inside - PW1 and PW3 with the help of others had pushed the door forcefully thereby opening it -..........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published at the instances of A1 containing defamatory words regarding character of complainant - However, neither original press note/affidavit produced before court nor DW3 admitted attesting affidavit written by A1 - Complainant failed to prove that defamatory words were published at instance of..........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published concerning character of complainant - Admittedly, news item was published by A2 - Even, A2 did not claim to have made any inquiry before publishing news item - No evidence produced to show complainant as member of theater group, that breaches public peace and spread Gundaraj - Moreover, A2..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Repetition of libel is an offence and repeater cannot take shelter behind plea that he had merely repeated what was said by another...........
Indian Penal Code, 1860, Section 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Determination of publisher - Presumption contained in Act of 1867 applies only in absence of evidence - Where accused admits publication of news item, recourse cannot be taken to presumption contained in Act of 1867...........
Indian Penal Code, 1860, Section 500 -- Defamation - Calling a person Gunda spreading Gundaraj, being a member of Shallow Theater People, without any justification, indicates intention to harm reputation of that person - Intention can be inferred from circumstances of case and no direct evidence of the same can be led...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - When imputation concerning reputation of a person is made without justification, it can lead to inference that publication was with intent to harm reputation of such person...........