Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - Recital in agreement to sell that possession of land is handed over to petitioners - However, petitioners stated at bar that possession is with land owners and said fact verified by SHO and Naib..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - As per the report of SP, land owners were exonerated by making observation that they had no knowledge about intention of purchaser party to construct temporary roads without seeking permission from PUDA..........
Indian Penal Code, 1860, Section 326, 307 -- Offence u/ss 326, 307 IPC - Reduction of sentence - Victim is the wife of accused - She filed a case for claiming maintenance u/s 125 Cr.P.C - Victim was questioned by accused as to why she had filed case against him which circumstances led to commission of offence of injury inflicted on victim by accused - There appears..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone is not the decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Opposed on the ground that if bail is granted, accused may flee from justice - The same can be met by putting accused to stringent conditions...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is bail and not jail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 343, 370, 376(2), 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 17 -- Bail - Kidnapping and rape - Prosecutrix was not kidnapped by petitioners rather she of her own volition went with co-accused with whom she wanted to solemnize marriage - Guilt if any of petitioner..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Testimony of victim is wholly consistent with her statement recorded u/s 164 Cr.P.C - Description of incident by victim is unambiguous - Mere fact that she failed to narrate the fact that brother of victim was sent away by accused to buy something, does not in any manner..........
Criminal Procedure Code, 1973, Section 91 -- Application u/s 91 Cr.P.C - Cannot be entertained for purpose of collecting evidence in support of or in defence of a case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Allegations in FIR is matter of investigation - Finding in respect thereof cannot be recorded at this stage - FIR cannot be quashed...........
