Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 10(1), 115(2), 126(2), 190, 191(1) -- Anticipatory bail - Attempt to murder - Prima facie attack on complainant was unprovoked and carried out by all the accused in concert including petitioner - Though petitioner was not named in the FIR, his presence at the scene of crime is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Bihar Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 21(2)(i) -- Eviction of son and daughter-in-law from self acquired property of senior citizen - Senior Citizen 75 years of age - Son and daughter-in-law have not only encroached upon self acquired property but also..........
Indian Penal Code, 1860, Section 417, 109, Criminal Procedure Code, 1973, Section 482 -- Cheating - False promise of marriage - Complaint against parents of boy - In complaint there is no act or conduct on the part of appellants which can be termed to be illegal per se much less criminal in nature - Main allegations are against son of appellants - No ingredients of any..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appellant and co-accused pushed deceased as per FIR - However, subsequently complainant attributed role of pushing only to appellant - Such allegations are easy to level so as to knit a wider net to implicate other for offence in question - False implication of appellant cannot be negated - Investigation conducted..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife wants to live with her husband only on the condition that if he keeps her at separate place, as she does not want to live with her in-laws - Husband made all possible efforts to bring back his wife, but she did not agree and levelled false and vague allegations to anyhow break her..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Occurrence took place in the street and not inside the house of one `J', as alleged by complainant - Dead body of deceased also was lying in the brick lines street - Weapons of offence were not sent for forensic analysis to examine whether they were in the working condition or not - Allegation of firing at the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Investigation is at a nascent stage and without investigation, it cannot be ascertained as to whether or not there was intention on part of petitioners to dupe complainants of their hard-earned money by making false promises -..........
Indian Penal Code, 1860, Section 467, 468 -- False document - Neither fabrication of a false document nor act of forgery is discernible - Complainant themselves have not asserted that any document was forged - Offence u/ss 467, 468, not made out - FIR quashed...........
Criminal trial -- It is in the wisdom of I.O. to file charge-sheet against those accused only against whom there is strong evidence - Unnecessary harassment and false implication should be avoided...........
