Indian Penal Code, 1860, Section 498A -- Marriage between parties held null and void by High Court - Conviction u/s 498-A IPC not sustainable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court could have set aside order of acquittal in an appeal/revision, only if findings as recorded by trial Court were perverse or impossible...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - At the instance of Juvenile - Not maintainable, as JJ Act is a comprehensive legislation containing all the provisions with regard to children in conflict with law and provisions of S.438 Cr.P.C thus, have no application being extraneous and incompatible with the JJ Act...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in case of necessity - Suit is at final stage - Petitioners after 10 years of litigation cannot be permitted to withdraw suit at their will causing prejudice to other side...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Person booked u/s 188 IPC must have actual knowledge of public servant's order requiring him to do or abstain from doing some act - Acquiring or gaining of such knowledge is a pre-requisite - Any proof of general notification promulgated by a public servant would not satisfy the said requirement...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - Complaint lodged after delay of 11 hours - Explanation given for such delay is that accused threatened complainant and PWs that if anyone is going to complaint about incident he would be killed - However, they failed to explain as to how threats or fear of accused disappeared in the morning when..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - FIR lodged at 8 AM but copy of same was sent to Magistrate in the evening at about 6.56 PM - Magistrate was at Ganganagar which is 18 kms far from police station - I.O failed to explain as to why constable sent to call a photographer then why copy of FIR was not sent with him to be presented..........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Altercation between accused and deceased - Thereafter deceased uttered the words that he would jump into the well - Mere fact that accused retorted the words by saying that if you want to jump tomorrow why not jump today itself, did not contain necessary ingredients to make out a case u/s 306 IPC - Accused..........
