Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Two stories of murder developed by prosecution - Both stories were not proved on record - Extra judicial confession of accused does not appeal to logic - Investigation of case from beginning to end was quite lackadaisical and sketchy - Chain of circumstances having many..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 120B -- Suspension of sentence during pendency of appeal - Offence u/s 120-B IPC - Allegation that main accused gave beatings and harassed the deceased at the instance of applicant - However, no strong motive has been alleged by prosecution against applicant - Appeal is not likely to mature for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Bail - Offence u/ss 467, 468, 471, 120-B IPC - Accused discharged u/s 420 IPC at the time of framing of charge - He is in custody for more than 1 year - Bail application of accused rejected by High Court on the basis of FSL report - Though Case is pending for a long time but..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 386, 504, 506, 120B -- Bail - Cheating - Forgery - Criminal Conspiracy - Accused a practicing lawyer alleged that he was falsely implicated on account of police enmity - Criminal history of accused produced on record - Co-accused already granted bail - Prima facie case for bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, 3(1), 3(2), 3(3), 3(4), Indian Penal Code, 1860, Section 120B, 302, 147, 148, 149 -- Sanction for prosecution - Sanctioning Authority admitted that he did not know Tamil and did not go through entire records which were in Tamil - Sanctioning Authority has not applied his mind to records in its..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 504, 506, 147, 120B -- Bail - Accused not named in FIR wherein six persons specifically named - Deceased was in consensual relationship with applicant and there was some dispute relating to monetary transaction between deceased and applicant - Only allegation against accused was of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 418, 420, 465, 120B, Prevention of Corruption Act, 1988, Section 19, 34 -- Cognizance of offence in installments - Cheating - Several accused were in the case and some of whom were not public servants - Court proceeded to take cognizance of offences against some of accused in installments, who are..........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 166, 167, 120B -- Public servant - Previous sanction of Govt. not taken before taking cognizance against public servant - Impugned order quashed...........
