Indian Penal Code, 1860, Section 323, 341, 362, 383, 464, 463, 467, 387, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR in an offence u/ss 323, 341, 362, 383, 464, 463, 467 & 387 IPC - Person abducted stating that he was not taken forcibly by petitioners or any body else and that he was living in farm house with his free will - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 222(2), 464 -- Dowry death - Charge u/s 302 and conviction u/s 306 IPC - Accused can be convicted for an offence for which no charge was framed if Court is of opinion that no failure of justice would in fact occasion - Failure of justice would not occasion if main facts sought to be established..........
Criminal Procedure Code, 1973, Section 464 -- Charge - Absence of - Appellate or revisional court can convict an accused for an offence for which no charge was framed unless it will occasion failure of justice - In order to judge whether a failure of justice has been occasioned it will be relevant to examine whether the accused was aware of the basic ingredients of the..........
Criminal Procedure Code, 1973, Section 215, 464, 465 -- Penal Code, 1860, Section 304-A - Charge - Error in charge - Error in number of vehicle in charge - Entire evidence mentioned correct number for which the petitioner was convicted - It was corrected during the trial - Accused knew the number of vehicle recovered from him in connection with the case - Accused had full..........
Criminal Procedure Code, 1973, Section 228, 464, 465 -- Charge - Not read over and explained to accused - In such a case there is no trial at all in the eye of law and the trial is vitiated - Prejudice need not be proved - Such a irregularity is not curable u/ss 464 or 465 Cr.P.C...........
Criminal Procedure Code, 1973, Section 215, 464 -- Charge - Error in framing charge - Accused tried for commission of murder - Wrong section mentioned in charge - It does not cause any prejudice as accused knew that he was being charged for committing murder - Trial not vitiated...........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Conviction for offence other than charged - Accused charged with section 302, however convicted under section 306 - Conviction upheld - Court can convict an accused for an offence for which no charge was framed unless court is of the opinion that a failure of justice would..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Charge - Conviction under section 306 when accused was charged for offence u/s 302 - Wife setting herself and her two daughters on fire - Allegation of demand of dowry proved - Reason for suicide due to harassment on account of demand of dowry proved - Accused getting ample..........
Criminal Procedure Code, 1973, Section 464, 222 -- Charge - Failure of Justice - Conviction for offence other than charged - Court has to see whether conviction would result in failure of Justice - Whether accused was aware of basic ingredients of offence - Whether facts were explained to him and he got a fair chance to defend him - Are important aspects to be seen as to..........
