Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 469, 294, 120B, 201, 384, Information Technology Act, 2000, Section 66D, 67, 67A, 67E -- Cancellation of bail - Complaint regarding misuse of concession of regular bail/anticipatory bail not filed with the police authorities - Affidavit of DSP regarding details of investigation carried out..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Defamation - Question of applicability of Exceptions of S.499 IPC as well as all other defences that may be available to accused will have to be gone into during trial of case - Prima facie words spoken by petitioner to Manager of hotel are defamatory to..........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Criminal complaint dismissed by holding it not fit even for summoning - Order upheld by Revisional Court - FIR on same subject matter amounts to double jeopardy - FIR quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Indian Penal Code, 1860, Section 363, 366, 342, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Marriage between parties - Quashing of proceedings - Victim and accused were in love with each other - Accused was aged only 18-19 years, which recognizes person as an adult in law,..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304, 201 -- Delay in lodging FIR - Offence u/ss 304, 201 IPC - Complaint filed after 18 days of incident - No post mortem examination report on record to establish cause of death of deceased - Delay in lodging complaint gains significance...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
