Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 7, 8, 9, Indian Penal Code, 1860, Section 366A, 372, 34 -- Offence u/ss 3 to 9 of Immoral Traffic Act and Ss.366-A, 372, 34 IPC - Quashing of proceedings - Proceedings cannot be quashed merely on ground that I.O. who conducted the investigation was not authorized to do so under the provisions of Immoral Traffic..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 417, 465, 468, 471 -- Further investigation - Compliant for offence u/ss 417, 465, 468, 471 IPC - Application for further investigation filed in order to frame charges u/ss 497, 498, 306 IPC - Allegations in the complaint were investigated from all angles and charges already farmed against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 455, 427 -- Anticipatory bail - Offence u/ss 455, 427 IPC - CCTV footage of incident displayed in open Court - Presence of accused in entire occurrence noticed - Accused directly involved in breaking open door of room and removing articles lying there with help of co-accused - They damaged..........
Indian Penal Code, 1860, Section 147, 148, 149, 447 -- Unlawful assembly - Two persons facing charge - Minimum five persons are required for forming unlawful assembly - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Framing of charge - Deceased died within 7 years of her marriage under suspicious circumstances in connection with dowry demand - Charges framed against accused/husband only u/ss 306, 498-A IPC - No charge framed u/s 304-B IPC - Trial Court committed error in holding that materials warranting..........
Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193 -- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or..........
Indian Penal Code, 1860, Section 99 -- Private defence - S.99 IPC, specifically provides that right of private defence in no case extends to inflicting of more harm than necessary to inflict for purpose of defence...........
Indian Penal Code, 1860, Section 147, 99 -- Unlawful assembly - Right of private defence - No injury was caused by complainant party on body of accused - Accused during course of scuffle brought fire arm on scene of occurrence and used it - Act of accused is beyond scope of S.99 IPC - Plea of self defence taken by accused not justified - Accused convicted u/s 147 IPC...........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Allegation that accused caused fire arm injury to three persons with intention to attempt their murder - However, no such intention or knowledge can be gathered from prosecution evidence that any attempt was made by them to commit murder of any of injured persons - Injury sustained by one of injured witnesses..........
Indian Penal Code, 1860, Section 325, 147 -- Offence u/ss 325, 147 IPC - Quantum of offence - Incident occurred almost 18 years ago - Both parties closely related to each other - Though parties entered into compromise, but offence u/s 147 IPC is no, compoundable - Thus, it is appropriate to reduce sentence of accused to period already undergone...........
