Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - `Official duty' implies that act or omission should have been done in discharge of duty...........
Criminal Procedure Code, 1973, Section 190, 210 -- Order taking cognizance - Non-compliance of S.210(1) Cr.P.C. - On the date of filing of complaint and during course of inquiry of complaint, there was material before Magistrate that investigation by police is under progress in relation to same offence - Compliance of S.210(1) Cr.P.C. in staying complaint case proceeding..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 203 -- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Issuance of process - Complaint against Manager not made out - Complaint against him be dismissed instead of discharging him...........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 182 IPC - Quashing of kalendra - Petitioner allegedly made complaint with allegations that his son mercilessly beated and bed ridden by accused - Police after investigation submitted cancellation report, as accused found not involved in case - Accordingly, kalendra u/s 182 IPC..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - Compromise between parties is genuine, arrived voluntary without any fear or force - Even, none of the parties is proclaimed offender - Keeping in view the facts and circumstances of the case, it would be in the interest of justice to quash the FIR as no useful purpose would..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations - While taking a decision to grant bail Court is required to consider the nature and gravity of offence and antecedents of accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Abduction and sexual abuse by a gang inside running car - Clear and definite materials including direct evidence of victim and other circumstances including scientific evidence against accused persons - More so, petitioner is a person of bad antecedents with involvement in so..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Criminal Procedure Code, 1973, Section 235(2) -- Imposition of punishment - Discretion of Court - Duty is cast on court to award proper punishment keeping in view nature of offence, its manner of execution etc. - Court to impose such sentence which not only fulfills mandate of statute but also reflects conscience of society as crime committed not only against victim but..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 154 -- Rape by uncle - Delay in lodging FIR - Minor intelctually impaired, raped by her own uncle - Parents far away from home at the time of incident - Waiting period for mother to come quite natural - Mother on her return waited for matter to be resolved at family level first - But nothing..........
