Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326 -- Anticipatory bail - Offence u/s 326 IPC - Victim suffered fracture on left hand as a result of beating using a firewood piece - Offence would come within ambit of grievous hurt as per S.320 IPC which is punishable u/s 325 IPC and not serious non-bailable offence u/s 326 IPC - More so,..........
Indian Penal Code, 1860, Section 500, 501, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/ss 500, 501 IPC - Court can take cognizance upon a complaint made by some person aggrieved by the offence and not on the basis of final report filed by police...........
Indian Penal Code, 1860, Section 505(2) -- Offence u/s 505(2) IPC - In order to attract an offence punishable u/s 505(2) IPC, at least two groups or communities shall be involved - Merely inciting feelings of one community or group, without reference to any other community or group, will not attract offence punishable u/s 505(2) IPC - Proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 406, 506, 498A -- Anticipatory bail - Offence u/ss 323, 406, 506, 498-A IPC - Admittedly, petitioner has joined the investigation, though recovery of some gold articles is yet to be effected from him, which is probability a debatable issue and the same may not be an impediment for grant of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B -- Discharge - Framing of charge u/s 304-B IPC - Prima facie material on record against accused to frame charge - It is thus, not a fit case to discharge accused - Discharge application dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Abetment of suicide - Cruelty - Allegation of harassment on account of demand of dowry and beatings given by accused to deceased though levelled in FIR, however, it remains unexplained as to why in case deceased was harassed in this manner since 2010, her..........
Indian Penal Code, 1860, Section 420, 471, 199, 200 -- Cheating - Order framing charge - Courts below while framing charge considered each and every aspect of matter and rightly framed charges - No perversity or manifest error in impugned order of framing charges - Impugned order is just and proper - No interference warranted in it...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Only objective evidence which has come is that phone from which calls were made to deceased before his death was recovered on disclosure of co-accused - However, there is no evidence of rest of the links of case of circumstantial evidence - Unsafe to base..........
Indian Penal Code, 1860, Section 153 -- Ingredients of an offence u/s 153 are : (1) An act shall be done which is illegal (2) Such illegal act shall be done malignantly or wantonly (3) The act done shall cause provocation to some person (4) The act giving provocation should have been done (a) intending that the provocation will cause the offence of rioting to be committed..........
Indian Penal Code, 1860, Section 153 -- Offence u/s 153 IPC - Sharing a post on Facebook account - Causing pain to the complainant - However, sharing post on Facebook does not reveal that it caused provocation to commit rioting, much less any provocation - Offence u/s 153 IPC not made out...........
