Indian Penal Code, 1860, Section 342 -- Wrongful confinement - For wrongful confinement, it is not necessary that victim must be immobilized by tying his hands - Confinement within a room also would suffice in order to make out a prima facie case for framing charge for offence u/s 342 IPC...........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Statement of prosecutrix in FIR is clear and specific pertaining to allegations of wrongful confinement as well as voluntary hurt by way of beatings, as was done by both accused with a common intention - In the statement, expression "common intention" need not be explicitly stated and the same..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 251 -- Framing of charge - At the stage of framing charge, Court cannot minutely analyse material placed on record by prosecution - Only prima facie case is to be kept in mind and in case of grave suspicion, charge must be framed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Considering custody period undergone by petitioner i.e. 2 years, 10 months and 12 days added with facts that recovered contraband is marginally over and above commercial quantity and investigation is complete and after framing of charge out of..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 228 -- Cheating - Framing of charge - Once accused is not told that he is facing charge of cheating the State, he cannot be held liable for cheating the State by holding that error was committed by Trial Court while framing charges...........
Indian Penal Code, 1860, Section 354C, 504, 506, 509, Information Technology Act, 2000, Section 66E, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 354-C, 504, 506, 509 IPC, 66E IT Act and 3(2)(v) SC&ST Act - Quashing of proceedings - Petitioner did not deny knowing..........
Central Civil Service (CCA) Rules, 1965, Rule 13, 14 -- Authority to institute proceedings - Authority empowered to inflict minor penalties can certainly issue a charge-sheet even for imposition of major penalties as per Rr.13, 14 of Rules...........
Service -- Disciplinary proceedings - Imposition of penalty - Guilt of respondent after following due process of law has been established - Inquiry does not suffer from any procedural irregularity and charge-sheet has been issued by competent disciplinary authority - Final order has been passed after following due process of law by competent disciplinary authority..........
