Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B -- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of FIRs - Specific allegation against accused that they hatched a conspiracy and got registered sale deed executed in their favour, regarding property which falls in the share of complainant and already partitioned - Prima facie case found against accused..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Death by burning - 90% burn injuries - Deceased died by setting herself on fire within 7 years of her marriage - Testimony of mother and brother of deceased reveal that there was demand of dowry and maltreatment with deceased from side of accused - It was amply..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Criminal breach of trust - Allegation that accused, railway officer took money from informants on false promise to appoint them in railways - As per contents of FIR, complainant never handed over any money to accused - No illegal act on part of petitioner to induce informant to part with money - Prima facie no..........
