Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 323, 504, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 323, 504, 506, 34 IPC - Complainant who received injuries in the incident naming petitioner and attributing role of taking participation in the incident - Testimony of injured witness is of highest value and cannot be..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Investigation of case is in progress - Merely because wife of accused is pregnant and her due date of delivery is expected soon as per..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Clash between two groups and there is murder of each person in each group - There is not only damage to public property but also damage..........
Indian Penal Code, 1860, Section 498A, 323, 604, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Allegations made in FIR and collection of evidence is not sufficient even at prima facie stage to attract ingredients of offence punishable u/s 498-A IPC - As regarding other offences, unless those other offences are shown which would amount..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 417, 420, 323, 384, 506, 109 -- Bail - Rape - Consent between de facto complainant and accused - When de facto complainant felt that relationship between her and accused is not going to work out, she filed the complaint - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Indian Penal Code, 1860, Section 376(2)(1), 323, 506 -- Rape - False promise of marriage - Prosecution failed to prove that accused had ever cheated prosecutrix by not disclosing that he was married - It was a mutual relationship between parties - FIR got registered against accused when said relationship became sour - No medical evidence was led to show that prosecutrix..........
