Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Misappropriation of huge amount of public money - Criminal conspiracy - Manner in which huge money was collected in contravention of provisions of SEBI Act and CIS Regulations and..........
Indian Penal Code, 1860, Section 420, 468, 471, 34, Criminal Procedure Code, 1973, Section 482 -- Preparation of forged agreement for sale - If civil remedy is available to an aggrieved person, it does not oust jurisdiction of a criminal Court to proceed with complaint if it prima facie discloses commission of criminal offence by accused - Since prima facie case is made..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place under sudden provocation and not with pre-meditation - It was on the spur of moment, when deceased asked accused to stop trimming of tree - Axe was otherwise available with accused because he was trimming the tree - Deceased sustained two injuries and out of it, one was on vital..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, 341, 323, 294, 506, Protection of Children from Sexual Offences Act, 2012, Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 42 -- Bail - Sexual abuse of girl children living in Child Care Centre - Statements of most of girl students staying in Centre..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B -- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Allegation against petitioner `N' to the effect that he helped petitioner `P' to get bail from Court and had not insisted on seeking any police or judicial remand - Offences u/ss 166, 218, 221, 120-B..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B -- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Petitioner `P' declared P.O - Although offence u/s 174-A IPC is attracted, but bearing in mind the fact that she is already appearing before trial Court in respect of main case, it is a fit case for..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by consuming Vasmol Hair Oil - Illicit relations between deceased and accused leading to pregnancy of deceased - Accused refused to marry her and blaming her character for pregnancy and scolded to die - Post mortem report shows that deceased was carrying three months old fetus at the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death sentence - Delay of 5 years in deciding mercy petition - Inordinate and unexplained delay in deciding mercy petition - Mercy petition is the last hope of a person on death row - Petitioner has now been behind the bars for almost about 14 years - Regardless of brutal nature of crime, this is not a fit case where..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
