Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Use of criminal force or assault on a public servant is essential to attract S.353 IPC...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 353 IPC - Quashing of FIR - Uncontroverted allegations in chargesheet do not disclose use of force or holding out threatening gestures giving rise to an apprehension of use of force towards public servant - Physical movement of labourers would not amount to use of force far less..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - Cognizance of offence u/s 186 IPC was taken on a police report in breach of S.195 Cr.P.C - S.195 Cr.P.C provides no Court shall take cognizance of offence u/s 186 IPC save and except on a complaint in writing by aggrieved public servant or his superior - Cognizance taken of offence u/s 186 IPC on a police..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - S.186 IPC is a non-cognizable offence and in absence of ingredients of S.353 IPC (cognizable offence) disclosed in FIR, prior permission of Magistrate u/s 155(2) Cr.PC was necessary to register FIR - No such permission was obtained rendering registration of FIR and ensuing investigation bad in law - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 120B -- Bail - Offence u/ss 409, 120-B IPC - Charges are yet to be framed - Prosecution proposes to examine 18 witnesses to support its case - Appellant is in custody since 16.9.2023 - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Cheating - Appellant is in custody since 23.9.2024 - Charges have not yet been framed because investigation against an absconding accused is still continuing - Appellant voluntarily undertakes to make a payment of Rs.2,75,000 - Bail granted with conditions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304, 34 -- Bail - Offence u/ss 304, 34 IPC - Petitioner and his wife are stated to have given slaps and a kick blow to deceased who fell down and subsequently after being hospitalized he came to be discharged and then passed away - Whether offence is one u/s 323 IPC or S.304(Part I)PC..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Burden and standard of proof - The burden to prove legal insanity is on accused - However, accused is not required to prove the same beyond all reasonable doubt - The standard of proof to prove insanity is only a reasonable doubt...........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
