Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 420 -- Cancellation of anticipatory bail - Offence u/s 420 IPC - Accused has not misused the concession of bail or violation of conditions - Merely because recovery of defrauded amount has not been made is insufficient, particularly when investigating agency had not sought custodial..........
Indian Penal Code, 1860, Section 366A, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Victim had not seen the appellant prior to the incident - On receiving the phone call from appellant she went to bus stand to meet him - How victim identified the appellant is not forthcoming - Victim went with appellant to his village..........
Indian Penal Code, 1860, Section 498A, 34 -- Appellant husband of one of the sisters-in-law of deceased - Except general, vague allegation, no specific accusation was raised against appellant - None of prosecution witnesses had specifically deposed against appellant of his having committed any cruelty which will attract the offence u/s 498-A IPC - Being husband of one of..........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Assault - Shouting and threatening staff - This by itself does not amount to any assault - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - In the absence of legal marriage, no offence u/s 498-A IPC would get attracted against partner of a woman or against the partner's relatives, as the partner without a legal marriage would not occupy the status of husband...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Marriage between complainant and petitioner No.1 was null and void from the very beginning and same was declared as such subsequently - Offence u/s 498-A IPC not made out against petitioner No.1...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of blood stained clothes of appellant - It is appellant who had informed police about the crime and he was present there, therefore, presence of blood-stains on his clothes cannot be said to be unnatural - However, recovery is from a place which is open and accessible..........
