Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Harassment is a lesser degree than cruelty...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Appeal against acquittal - Prosecutrix in her testimony unequivocally stated that she went of her own - Merely because accused with other two persons was last seen together would itself not be sufficient to convict accused - Key witness of the case turned hostile - Moreover, no evidence on record that prosecutrix..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 324, 427, 452, 34 -- Compromise - Quashing of FIR - Offence u/ss 307, 452, 324, 323, 427 & 34 IPC - Matter still under investigation - Injured victim entered into compromise and recorded his statement in this regard before trial Court and there is rare, rather nil possibility of victim..........
Indian Penal Code, 1860, Section 304B -- `Soon before' - Dowry demand four months back - Victim committed suicide after four months from the alleged demand of dowry - It does not come with the purview of `soon before her death'...........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 166, 167, 120B -- Public servant - Previous sanction of Govt. not taken before taking cognizance against public servant - Impugned order quashed...........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Deceased was an accused in the murder of father of accused `S' - Role of accused `S' in commission of crime to take revenge after acquittal of deceased cannot be doubted - Involvement of accused `F', as he was caught by villagers immediately after incident, can also not to be doubted - However, presence of accused..........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Charge sheet submitted for offence u/s 332 IPC, which is a cognizable offence - Cannot be held to be a complaint...........
Criminal Procedure Code, 1973, Section 195(1)(a), Indian Penal Code, 1860, Section 183, 186 -- Cognizance of offence - Offence u/ss 183, 186 IPC - Charge sheet was filed by ASI for the offences u/ss 183, 186 IPC - Taking cognizance of offences u/ss 183, 186 IPC by Magistrate on the basis of charge sheet held, illegal in view of S.195(1)(a) Cr.P.C...........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - Order taking cognizance - No clinching material on record for submission of charge sheet u/s 332 IPC - Even, while submitting charge sheet, provision u/r 144(b) of Orissa Police Rules not been followed - Order taking cognizance u/s 332 IPC quashed...........
Indian Penal Code, 1860, Section 294, 506 -- Offence u/ss 294, 506 IPC - Order taking cognizance - Petitioner used obscene language and treating the informant to take his stars - He also threatened to file a complaint case - Available materials on record prima facie makes out offences u/ss 294, 506 IPC - Order taking cognizance against petitioner held, proper...........
