Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court not to embark on a mini trial in exercise of its inherent jurisdiction to quash proceeding...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Deceased husband routinely abused, beat and insisted wife for unnatural sex - Deceased was suffering from depression and Obsessive Compulsive Disorder (OCD) - He had a clinical history of abnormal behavior and also had suicidal tendency and..........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Criminal Procedure Code, 1973, Section 482, 227 -- Quashing of proceedings - Discharge - High Court while exercising its inherent powers cannot conduct mini trial - All grounds as taken in discharge application can be examined at appropriate stage of trial - Petition for quashing rejected...........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132(1), (c), (f), (h) -- Bail - Offence u/s 132(1), (c), (f), (h) of Central Goods and Services Tax Act - Appellant is in custody for a period of almost 7 months - Case is triable by a Court of a judicial Magistrate - Sentence is limited and prosecution is based on documentary..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Matter between parties is of civil in nature - Petitioner is not involved in any other case - He is a person of clean antecedents - Petitioner is ready and willing to join investigation - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 174-A IPC - Criminal prosecution u/s 172 to 188 IPC can only be initiated through a written complaint filed by concerned public servant or another public servant to whom they are administratively subordinate - However, instead of adhering to this legal requirement, Magistrate..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court issued proclamation straight away without recording any reasons to indicate that petitioner has absconded or is concealing himself from process of law - Conspicuously, no summons or bailable warrants were issued prior to issuance of proclamation - Presence of accused first ought to have been secured by..........
