Indian Penal Code, 1860, Section 460, 396 -- Offence u/ss 460, 396 IPC - No test identification parade of accused was conducted to establish their involvement in crime as well as there is nothing on record as to how involvement of accused in the case transpired during investigation - It would not be safe to base conviction of accused on basis of recoveries allegedly..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere demand of money or property, unaccompanied by any harassment would not fall within mischief of S.498-A IPC - There has to be a nexus between demand and consequent harassment...........
Indian Penal Code, 1860, Section 498A, 354, 377, 406, 34 -- Cruelty - Relatives of husband - Vague and general allegations made against petitioners by wife - Allegations were general and bereft of any specific instance and authorship - Implication of petitioners for the offences in question is actuated by a design to harass and humiliate petitioners for the reason that..........
Indian Penal Code, 1860, Section 336, 338, 32 -- Offence u/ss 336, 338, 32 IPC - Allegation against Managing Director of Hotel (A-2) - Incident occurred in the hotel in question only due to sheer negligence of injured who walked out to terrace for smoking and climbed on parapet wall with height of 2 feet 8 inches which was having additional fence of 1 foot 8 inches and..........
Indian Penal Code, 1860, Section 336, 338, 32 -- Offence u/ss 336, 338, 32 IPC - Quashing of proceedings - Allegation against General Manager of Hotel (A-4) - Allegation against A-4 is that there is violation of licence conditions and negligence - Although it is a case of A-4 that he was out of country on the date of incident, since he is a General Manager of very hotel..........
Indian Penal Code, 1860, Section 498A, 506(ii), 406, Dowry Prohibition Act, 1961, Section 4, 6(b), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Dowry demand - Relatives of husband - No specific allegations against them - They residing at a different address - At no point of time they had been in a joint family wherein the de facto..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Entire prosecution case proceeded on basis that A-4 and A-5 were actual assailants - Charge against present accused was that A-4 and A-5 have conspired with accused - Role of accused is that of conspirators - However, both the Courts below have not found charge of conspiracy proved - Having failed to prove charge of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 469, 471, 34 -- Quashing of proceedings - Issuance of blank cheques - Allegation of converting the blank cheques into valuable documents and presented the same for encashment and getting the same dishonoured with mala fide intention - Present proceedings are counter blast of proceedings..........
Indian Penal Code, 1860, Section 420 -- Cheating - To hold person guilty of cheating, it must be shown that accused had a fraudulent or dishonest intention at the time of making representation or promise and there must be a culpable intention at the time of making promise - Culpable intention cannot be presumed, merely because he failed to keep up promise subsequently...........
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..........
