Indian Penal Code, 1860, Section 489C -- Offence u/s 489-C IPC - Mens rea - Neither there are allegations that fake currency notes were used by accused nor said currency notes have been offered to anybody - Prosecution failed to prove mens rea on part of accused as required by S.489-C IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Indian Penal Code, 1860, Section 379A, 365, 411, 341 - - Quashing of FIR - Offence u/ss 379-A, 365, 411, 341 - Repossession of hypothecated car on interim order from arbitrator - No illegal act has been done by petitioners as they after obtaining legal interim order from arbitrator, pursuant to terms and conditions of the loan agreement took possession of hypothecated car..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 370, 420, 120B, Punjab Anti Human Smuggling Act, 2012, Section 13 - - Bail - Offence u/ss 370, 420, 120-B IPC and S.13 of Punjab Anti Human Smuggling Act - Petitioner is in custody since 2018 and out of total 9 prosecution witnesses only 2 material witnesses have been examined - Even, no other..........
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR..........
Indian Penal Code, 1860, Section 279, 304A -- Reduction of sentence - Offence u/ss 279, 304-A IPC - Petitioner is sole bread earner of the family and he has two minor sons out of which one is physically challenged, therefore, petitioner is deep down in responsibilities of family life - Moreover, petitioner has undergone substantial part of sentence and it would not be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 120B -- Cheating - Criminal complaint and police complaint simultaneously - Dispute regarding property was under litigation at different stages - First round of litigation was civil litigation - Complainant had resorted both the remedies i.e police case and complaint case, whereas proceedings in complaint case were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B -- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life -..........
