Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Non examination of weapons recovered from accused - Two empty cartridges were lifted from the spot and pellets were also taken out from the body of deceased - But weapons recovered from accused were not sent to FSL for examination to connect said recovered empty pellets - No explanation given for such lapses by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 120B -- Quashing of FIR - Cruelty and criminal Conspiracy - Investigation was carried out and two of the petitioner were found innocent - Police collected the evidence and filed the chargesheet - Held, When police has presented Challan U/s 173 Cr.P.C and trial court has also framed..........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Cruelty in connection with dowry demand and misappropriation of dowry articles - Proof - Maternal Uncle in no way can be held as beneficiary of demand of dowry as he was not residing in matrimonial home of parties - As per compromise deed it has been proved that husband and wife have taken away all articles from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 466, 467, 471, 120B -- Anticipatory bail - Offence u/ss 406, 466, 467, 471, 120-B IPC - Petitioners by deliberate concealment of material facts and narration of wrong facts to complainant, induced the complainant to part with the hefty amount of Rs.25 crores - Prima facie case for proceeding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - During enquiry a lot of material has been collected by investigating agency and on basis of enquiry report, FIR was registered - Another FIR was also registered for stealing rice, machinery and account books of mill - Petitioner was arrested - Held, no case is made..........
Indian Penal Code, 1860, Section 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Divorce by mutual consent - Criminal proceedings initiated before grant of divorce - After grant of divorce no further dispute survived between parties, though it was not so expressly recorded in the order - No liberty was reserved by wife to continue further proceedings against..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 423, 424, 34 -- Anticipatory bail - Offence u/ss 420, 406, 423, 424 & 34 - Dispute is purely a business transaction - Whether there was any dishonest intention to cheat the complainant remains to be seen only when parties adduce oral and documentary evidence - Disputed questions of fact..........
