Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Offence u/s 494 IPC - Court within whose jurisdiction second marriage is performed has jurisdiction to try case - Complaint filed at place `R' where wife is permanently residing with her parents - Court at place `R' lacks jurisdiction to try the case, hence complaint quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of complaint - After marriage couple moved to Germany and become citizens of Germany - Decree of divorce granted on 20.07.2017 not be challenged - FIR dated 30.12.2017 quashed as there is no existing husband and wife relationship...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 201, 120B -- Bail - Kidnapping and murder - Petitioner arraigned as an accused on the statement of co-accused - Merely because petitioner was in touch with co-accused, who is his brother, would not by itself be an incriminating circumstance - There is no other material to implicate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
Indian Penal Code, 1860, Section 376(D), 120B, 406, 294(B), 506(2), 328, 362, 114, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Accused is in custody since 10.11.2020 - Co-accused has already been enlarged on bail - Considering allegations made against accused in FIR, without discussing evidence in detail, bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B -- Bail - Cheating - Accused is in custody since 27.7.21 - As many as 55 PWs are to be examined by prosecution out of which only 5 have been partly examined - Trial of case ought to have concluded within a period of 60 days - Co-accused already granted bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 417, 420, 323, 384, 506, 109 -- Bail - Rape - Consent between de facto complainant and accused - When de facto complainant felt that relationship between her and accused is not going to work out, she filed the complaint - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
