Indian Penal Code, 1860, Section 467, 468, 471 -- Offence u/ss 467, 468, 471 IPC - Sale deed in question is genuine and not a forged document - Whether it conveys title to transferee is a legal question to be decided by competent Civil Court - Ss.467, 468, 471 IPC do not get attracted against petitioner - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - No agreement by petitioner and co-accused are alleged to have been made to commit any illegal act - Ingredients of S.120-B IPC are not fulfilled...........
Indian Penal Code, 1860, Section 420 -- Cheating - No allegation of complainant that any accused has made any representation to him to part with any property - As such for want of any representation, question of any fraudulent or dishonest inducement of complainant does not arise - Moreover, complainant has not parted with any property to accused, nor has he executed sale..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Statement of accused persons that unless wife brings the amount she should not come for cohabitation, without any action, will not amount to mental and physical harassment...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Vague allegations made against accused persons - Neither details about alleged cruelty given, nor date on which there was a meeting and when wife came to parental home has been stated - Statements of witnesses are copy paste and it appears..........
Indian Penal Code, 1860, Section 326, 324, 34 -- Nature of offence - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether the injuries caused to injured persons were only on the hand...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - A-2 & A-3 had together assaulted PW1 & PW7 - They were armed with deadly weapon - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether..........
Indian Penal Code, 1860, Section 323, 325, 427 -- Offence u/ss 323, 325, 427 IPC - Prosecution proved that on the date of incident, petitioner attacked PW1, PW5 as well as he hit on the head of PW4 - Statements of PW1, PW3, PW4, PW5 are corroborative to each other - There is no reason to doubt their depositions - Prosecution thus, able to prove charges u/ss 323, 325, 427..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325, 427 -- Benefit of probation - Offence u/ss 323, 325, 427 IPC - Petitioner is not a previous convict and is in jail for last three months - He is quite poor man and has two daughters and a son - They are selling flowers for their livelihood and petitioner is the only breadwinner in the..........
Indian Penal Code, 1860, Section 279, 304A, 337, 427 -- Rash and negligent driving - None of witnesses have stated as to what was registration number of vehicle involved in accident - It has not been stated by any of witnesses that petitioner was driving vehicle and was driving in a rash and negligent manner - Prosecution has tried to project that after incident,..........
