Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation of cheating and criminal breach of trust on the part of parents of appellant - As appellant is not party to the agreement or any transaction between the complainant and other accused, there is no reason as to why he should face criminal trial and that too for the offence u/ss 406, 420 IPC -..........
Indian Penal Code, 1860, Section 406, 409, 418, 420 -- Offence u/ss 406, 409, 418, 420 IPC - Business dealings with petitioner not denied by de-facto complainant - De facto complainant permitted accused to investigate their monies in stock market - Issue as to whether accused mismanaged in such investment or not is a triable issue which is subject matter of civil suit..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Property given to a Hindu woman at the time of her marriage is her `Stridhan property' - Title of it always remains with wife though possession may be with husband or other members of family - If husband or other members of his family commits an offence of breach of trust with regard to such stridhan they..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Issue as to territorial jurisdiction has to be decided on bare perusal of complaint and material annexed therewith...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Misappropriate of Stridhan property - Commission of offence - It is a question of fact and no finding can be given by invoking inherent jurisdiction of Court...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Non performance of marriage - Non return of gifts given to daughter - Dispute between parties is purely of civil nature and petitioner can file suit for recovery of articles - No criminal offence is made out - Cognizance taken by trial Court rightly set aside by revisional Court...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
