Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
Indian Penal Code, 1860, Section 323 -- Simple hurt - For an offence u/s 323 IPC, there need not be a compulsory presence of medico legal report, because for a simple hurt even one slap will be sufficient, having no medical injury...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Prior litigation pending between parties - Accused assaulted complainant party with lathi and tamancha - They chased complainant who tried to hide himself in a room of tubewell but they did criminal trespass, threat and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 323, 504 -- Quashing of proceedings - Murder - Allegation that accused along with applicant poured kerosene oil on victim who sustained serious burn injuries and as a result she succumbed to death - From perusal of allegation made in FIR, statement of witnesses during investigation, charge..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 342, 109, 120B, 506 -- Anticipatory bail - Rape - Allegation that accused got his own wife raped from co-accused and even wife of co-accused is party to such act - Role of accused is that they had facilitated commission of crime - However, same would be required to be established by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused assaulted complainant with abuse and scuffle and also extended threat of dire consequences - Earlier to present incident accused committed same occurrence for which proceeding u/ss 107, 116 Cr.P.C was taken by..........
Indian Penal Code, 1860, Section 302, 323, 304(Part-II) -- Nature of offence - Altercation between husband/accused and complainant/wife on fateful night when victim/child sustained injury caused by accused - Although death has a nexus with act caused by accused on victim, but it was not done to cause death nor was it done with knowledge of accused that such an act would be..........
