Indian Penal Code, 1860, Section 420, 406, 447 -- Cheating - Complainant alleges that accused has encroached his property and put up construction and thereafter he accepted encroachment and also promised to pay cost of land or provide alternate site but he failed to fulfil the promise - However, no material on record to prove that there is an encroachment by accused - Even..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Indian Penal Code, 1860, Section 379, 447, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 447 IPC - Petitioners were continuously in possession of land from where they have harvested paddy crop - They have not committed the offence punishable u/ss 379, 447 IPC for which FIR is registered - Proceedings in pursuance to FIR is nothing but misuse of process of..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - In order to attract offence u/s 447 IPC, property entered into by accused must be in possession of another person...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Possession of petitioner over property in question stood recognized by orders/decrees passed by civil Courts concerned, on the date of commission of offences alleged - In such circumstances, even if allegation against petitioner that she entered into property is accepted as true, it does not make out an offence..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Order framing charge u/s 447 IPC - Quashing of order - Petitioner is allottee of shop in question and has a decree in his favour and against complainant restraining him from forcibly dispossessing petitioners from said premises - No documentary evidence to show any discussion with regard to renting out of shop by..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Recovery of weapon of offence - Lathi recovered from accused was not sent to FSL is immaterial, as evidence of recovery and FSL report would only be required to corroborate evidence of eye witnesses in case it is not wholly reliable - Since evidence of eye witnesses is wholly reliable, same would not require any..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Testimony of eye witnesses - Material PWs being sons of deceased specifically named accused as an assailant in their sworn statements and assigned them a specific role of giving lathi blows on head of deceased - They also alleged that co-accused was armed with an axe and he too inflicted blows thereof on head of..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 302, 379, 447 -- CCTV footage - Absence of certificate u/s 65-B of Evidence Act - Murder and theft case - Accused allegedly came to Finance company and wanted a jewel loan - However, gold chain brought by accused was imitated one - Both PW8 and PW9 employees of company have stated that police brought accused..........
Indian Penal Code, 1860, Section 302, 379, 447 -- Murder and theft - CCTV footage - Accused proved to be person who came to Finance company to pledge imitation chain belonging to deceased - Defence of accused was that he did not come to said company - This is a very powerful incriminating circumstance against accused...........
