Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Reduction of sentence - Petitioners have undergone 77 days of incarceration on 5 different cells, either as remand prisoners or convict prisoners - Offence was committed in the year 2006 and nearly 19 years have passed by - Petitioners have been facing mental agony due to time elapsed since the theft and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
Indian Penal Code, 1860, Section 498A, 114 -- Cruelty - Allegations against husband - Quashing of proceedings - There are allegations of physical and mental torture of wife at the behest of husband - Petition for quashing dismissed qua husband...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Indian Penal Code, 1860, Section 363, 364, 34 -- Kidnapping - Material inconsistencies in deposition of witnesses as out of 12 PWs 11 have been declared hostile - Prosecution case has not been supported by anyone other than informant himself - There is no eye witnesses to occurrence and all the PWs were declared hostile and have not seen the occurrence - Informant in his..........
Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim duly corroborated by medical evidence - Witnesses of fact i.e. father of victim, victim herself and mother of victim, have supported prosecution case in all material aspects - Injury reported on the body of victim also corroborates prosecution story - Prosecution has successfully proved its case against..........
