Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of proceedings - Criminal breach of trust - Contents of FIR does not establish offence of criminal breach of trust - Even, there is nothing in FIR which can satisfy definition of criminal breach of trust - Moreover, charge-sheet shows that no offence u/s 406 IPC was established..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Cheating - As per wife, husband fraudulently took her signatures on divorce deed - Rather, compromise was effected between the parties and suit was withdrawn by husband which shows that they are residing happily - Hence, it cannot be said that husband has deceived..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, 506, 326 -- Bail - Offence u/ss 307, 148, 149, 506, 326 IPC - Total 11 prosecution witnesses are there and injured and complainant have been examined therefore, trial may take long time to conclude - Considering custody of petitioner which is more than one year and four months, bail..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption as to - Allegation against father-in-law and mother-in-law of deceased - Death occurred within 7 years of marriage of deceased - Demands for dowry by accused as well as husband and ill-treatment/cruelty on failure to meet the said demands is on record -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 120B -- Cancellation of bail - Cheating - Additional Sessions Judge cancelled interim bail granted to accused who was declared P.O. - High Court cancelled the said order without giving any notice to complainant and without giving any reason to interface with order of Additional..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Wife of deceased stated that her husband called accused for doing labour job - Accused and deceased left the house in congenial atmosphere - Theory of motive as propounded by wife of deceased per se unconvincing for the reason that had there been any prior..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW2, PW15 and PW20 claimed to have seen accused and deceased together - Even accused and deceased were allegedly grappling with each other - Though last seen witnesses were present at the spot, where dead body of deceased was recovered and requisite..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained axe and clothes of deceased and accused - Delay in sending articles to FSL - There is thus, grave discrepancy regarding safe keeping of articles before the same were forwarded to FSL - No reliance therefore, can be placed on FSL report as an incriminating evidence against..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Deceased died within one year after marriage - Evidence of witnesses does not disclose that accused had made any demand of dowry at any point of time - Dead body of deceased was given to accused by police - Parents of deceased had not told police that accused is person who was responsible for death..........
Criminal Procedure Code, 1973, Section 251, Indian Penal Code, 1860, Section 279, 304A -- Framing of notice u/s 251 Cr.P.C - Fatal accident - Rash and negligent driving - Prima facie there is evidence on record from the report of FSL on mechanical inspection and crime scene report that car of accused overtook motorcycle of deceased on a high velocity thereby causing..........
