Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 336, 452, 427, 323, 506 -- Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4, 18 -- Anticipatory bail - Informant belongs to Scheduled Caste - Allegation leveled by informant that it were only petitioners `B' and `U' who had insulted and intimidated by calling her "Dusadhin"..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Prevention of atrocities - Anticipatory bail - In view of allegations made in the FIR as also statement of witnesses recorded during investigation it cannot be said that ingredients of offence under the Act of 1989 are absent - Held,..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 - - Bail - Juvenile - Offence under SCST Act - Juvenile is entitled to anticipatory bail u/s S.12 of Juvenile Act - Provision of S.12 of Juvenile Act has overriding effect..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 506, 323, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Accused entered into house of complainant and assaulted his brother - Applicants apprehending arrest - Case registered under Sections 452, 294, 506, 323 and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 323, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Apprehension of arrest - Complainant, a young boy of 15 years had some quarrel with son of applicant No.1 - Applicants entered into house of complainant and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 18, Criminal Procedure Code, 1973, Section 438 -- Abusing in the name of caste - Taking the name of caste of any citizen of this country itself is not the offence till it is taken with the intention to humiliate that person because of his community - In the instant case incident..........
Criminal Procedure Code, 1973, Section 438, 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(5), (10) -- Anticipatory bail - Offence under SCST Act - Ten years elapsed when FIR was registered - Accused directed to seek regular bail from trial Court - Arrest of accused stayed till his bail application is considered and disposed of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 438 -- Offence u/s 3 ST/SC Act - Offence not taking in public view - Complainant not stating that he belongs to Scheduled Caste and the accused was aware of this - Anticipatory bail allowed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bar of jurisdiction - Held that inspite of bar u/S.18 of the Act for invoking provisions of S.438 of the Code, it is still open to the High Court to see whether there is prima facie case made out by the..........
