Criminal Procedure Code, 1973, Section 294, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 330 -- Documents - Since prescription of a form relating to list of documents to be prepared by prosecution and accused for purpose of admission/denial is a procedural aspect, therefore, Form of list of documents notified by Government vide notification dated 17.02.2025 is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Mere allegations unsupported by substantive proof, cannot form the basis for cancellation of bail, as power to cancel bail must be exercised sparingly and only in cases of clear misuse or violation of conditions imposed at the time of grant of bail...........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Petitioner has failed to produce any cogent material to demonstrate that respondents have acted in contravention of conditions imposed while granting anticipatory bail - Reply filed by State categorically negates the allegations of breach of undertaking or any misconduct on the part..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Failure to pay due to unfortunate business losses cannot be clothed with culpability and process of criminal law utilized to recover outstanding dues - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular witnesses injured in the same transaction, spoke of a blow on head of deceased their grandfather - Mere fact that PW2 and PW3 did not speak of a reverse hit by an axe in S.161 Cr.P.C statement cannot lead to their testimony of overt act being disbelieved - Embellishment even if ignored, overt act stands..........
Indian Penal Code, 1860, Section 376, 363, 366(A), 370, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, 5(j)(ii), 5(l), 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 376, 363, 366(A), 370, 376(2)(n) IPC and 3(a), 4, 5(j)(ii), 5(l), 6 POCSO - Quashing of complainant - Settlement between the parties - Marriage between..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because offences under POCSO Act is alleged, there cannot be an absolute proposition of law that proceedings cannot be quashed based on settlement between parties, especially when settlement is genuine and bonafide so as to ultimately result in marriage between accused and the victim...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under POCSO Act - Each case has to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that quashment is wholly impermissible in cases involving POCSO offences...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious offences - Offences having a sexual overtone, like rape and a penetrative sexual assault etc., under POCSO Act cannot be terminated by quashing the same, acting only upon settlement between parties - It is indeed the offence against society and not a private issue between petitioner and defacto..........
