Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Scope of interference in a revision petition u/ss 397/401 Cr.P.C. r/w S.482 Cr.P.C. is narrow and can only be done if a situation arises wherein impugned order is replete with legal infirmities and is unconscionable to rule of law...........
Criminal Procedure Code, 1973, Section 125, 397, 401, Family Courts Act, 1984, Section 19 -- Order of interim maintenance in a petition u/s 125 Cr.P.C. by Family Court is an interlocutory order - Challenged thereto - Neither revision u/ss 397, 401 Cr.P.C. nor appeal u/s 19 of Family Courts Act is maintainable...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Robbery - Circumstantial evidence - Recovery of gold jewels of deceased from house of accused - Evidence of recovery witness was disbelieved by trial court by giving cogent reasons - Even according to recovery witness accused were with him on the date of incident and therefore recovery is vitiated - Accused rightly..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Use of weapon to constitute offence u/s 397 IPC does not require that offender should actually fire from firearm or actually stab if it is a knife or a dagger but mere exhibition of same, brandishing or holding it openly to threat and create fear or apprehension in the mind of victim is sufficient...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - If charge of committing offence is alleged against all accused and only one among offenders had used firearm or deadly weapon only such of offender who has used firearm or deadly weapon alone would be liable to be charged u/s 397 IPC...........
