Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 294, 504, 506, 354A, 354D -- Anticipatory bail - Offence u/ss 294, 504, 506, 354-A, 354-D IPC - Version as set forth by complainant prima facie belied by report of FSL - There is no likelihood of accused fleeing from justice - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 307, 294, 34, Arms Act, 1959, Section 25, 27 -- Compounding of offence - Offence u/ss 307, 294, 34 IPC and Ss.25 & 27 Arms Act - Not an offence between private parties simpliciter - Such offences have a serious impact on the society at large - Offences are definitely against the society -..........
Criminal Procedure Code, 1973, Section 294(3) -- Document - Genuineness not disputed - It can be read in evidence as genuine without formal proof of such documents by examining the author...........
Criminal Procedure Code, 1973, Section 294 -- Framing of charge - Permissibility to produce documents on record obtained under RTI Act - No absolute bar to consider relevant documents produced by accused at this stage - However, defence of accused not to be considered at the stage of framing of charge...........
Criminal Procedure Code, 1973, Section 237, Indian Penal Code, 1860, Section 376, 511, 294 -- FIR u/ss 376, 511, 294, 107 IPC - Charge sheet filed u/ss 376, 511 & 294 IPC - Charge with regard to offence u/s 376 erroneously framed - Only charge u/s 376 IPC be quashed and not the entire proceedings...........
Criminal Procedure Code, 1973, Section 243(2), 294, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Examination of defence witnesses - Rejection of application - Validity - Accused charged with offence under P.C. Act - Accused intended to call Account Assistant, who conducted internal audit of department, then Executive Engineer and PIO, Assistant Engineer..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 294(b), 323 -- Conviction - Revision against - High Court without considering evidence on record and without assigning any reason set aside order of conviction passed by first appellate Court - Held, matter remanded back to High Court for decision afresh in accordance with law - Petition allowed...........
Indian Penal Code, 1860, Section 294, 354, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Petition to quash - One `S' put his hand on victim's shoulder and despite several objections said `S' continued with such activities and tried to put his hand on her chest and pulled her clothes - Informant stopped bus and threatened `S' to report the..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 294, 307, 506, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Quashing of criminal proceedings - Matrimonial dispute resolved amicably - Held, criminal proceeding liable to be quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 294 -- Anticipatory bail - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Police has not submitted final police report - Conclusion of trial will take long..........
