Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Jat Agitation - CBI even after more than one year of arrest of petitioners and registration of case is still on investigation track - CBI is..........
Criminal Procedure Code, 1973, Section 407, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23 -- Transfer application by husband - FIR has been filed against family members of wife u/Ss.147, 149, 323, 325, 506 IPC on ground that husband had suffered grievous injury and remained admitted to hospital - Investigation in FIR is still in..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 120B -- Withdrawal of prosecution - Court is not to weigh evidence for purpose of conviction or prima facie case etc. and if Public Prosecutor after applying its mind has applied for withdrawal from prosecution, Court is to give its consent...........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 341 -- Probation - Lower Appellate Court has upheld conviction of accused for offence, however, on question of quantum of sentence, it was found that all accused are first time offenders and ageing between 20 to 25 years and only bread winners of their respective families and thus they..........
Indian Penal Code, 1860, Section 302, 326, 143, 147, 148, 149 -- Murder - Eye witnesses to incident stated that injuries sustained by sharp cutting object which is further corroborated by PW10 - Testimony of eye witnesses fully corroborated with each other with regard to involvement of accused - Medical evidence supported ocular evidence of eye witnesses - Presence of eye..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - Respondent has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - M.L.R. proved by..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 469, 471 -- Matrimonial dispute - Compromise - Amicable settlement arrived at between parties not only separating from each other but also to settle all other ancillary litigation pending between parties - Even though some of criminal cases between parties are in respect of no, compoundable offences, however, High Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 384, 120B -- Anticipatory bail - Cheque dishonoured in 2013 - Delay of 3 years in lodging of FIR - Criminal proceedings for recovery of amount outstanding in year 2012-2013 - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 216, 323, 325, 307, 148, 149, 506, 120B, Arms Act, 1959, Section 25 -- Bail - Accused had fired gunshot at complainant, but complainant was not injured with such gunshot and in fact no empty cartridge has been recovered from place of occurrence - Eyewitness in his statement has nowhere stated that..........
