Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B -- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence -..........
Indian Penal Code, 1860, Section 120B, Unlawful Activities (Prevention) Act, 1967, Section 38 -- Criminal Conspiracy - Supporting terrorist activities - A1 was propagating ideology of ISIS and advocating among other things, war against no, Muslims, that classes were attended by A-2, videos relating to such speeches were found on her person when she was arrested and that..........
Indian Penal Code, 1860, Section 120B, Unlawful Activities (Prevention) Act, 1967, Section 38 -- Criminal Conspiracy - Supporting terrorist activities - Reduction of sentence - Material on record indicates role played by A-2 - Even at the time of arrest of A-2, while leaving for Afghanistan, certain objectionable material was found on her person - Intensity of her..........
Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Murder - Appeal against acquittal - Deceased and accused party were at daggers drawn and they had an enmity with each other - Extra judicial confession of co-accused against accused cannot be read against him, as being of very little evidentiary value - Though blood samples of accused were taken for DNA profiling but..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20 -- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that..........
Indian Penal Code, 1860, Section 366A, 376(3), 376D(A), 120B, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Kidnapping and rape - Accused called prosecutrix on the pretext that her friend is calling her and when prosecutrix came out from her house, he said her friend is inside the neighbour's house - When prosecutrix entered in that house..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 120B -- Bail - Dowry death - Complainant party received huge amounts and secured a transfer document of half share in kothi before registration of FIR - Trial of case will take long time - No useful purpose will be served by keeping petitioner in custody any further - Bail granted...........
