Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va) -- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him -..........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504 -- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Testimony of eye witnesses - Incident was witnessed by PW8 and PW9 - They have seen accused inflicting knife blows to deceased - Knife was recovered at the instance of accused on the basis of disclosure statement - Injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 201, 323, 120B, 34 -- Third bail application - Attempt to murder - Conspiracy - Prima facie though evidence is on record to show that petitioner hatching conspiracy with other accused to inflict injury to complainant by use of firearms, but there is no inkling from evidence to show that..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Criminal Procedure Code, 1973, Section 216, 323 -- Addition of charge - Charge u/s 307 IPC - Committal of case to Sessions Court - Complaint reveals that there was an attempt to strangulate victim - No exception therefore, can be taken to order passed by Magistrate adding S.307 IPC - Said offence is triable by Court of Sessions - Case rightly committed to Sessions Court...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 323, 341, 506, 379B, 201, 216, 34 -- Cancellation of bail - Offence u/ss.302, 323, 341, 506, 379-B, 201, 216, 34 - As accused are putting pressure upon witnesses for compromise and posting of such type of video on facebook shows their conduct that they are indirectly threatening witnesses..........
Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Jab on shoulder of student by teacher - No mark of violence or injury on the body of minor child - Chastisement was done in good faith for the benefit of the child - Parents, teachers and other persons in loco parentis are entitled as a disciplinary measure to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to facts..........
