Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 499 -- First exception - Quashing of proceedings - Defamation - Plea of defence of good faith - Defence plea being a question of fact can be decided during trial only and benefit of S.499 First Exception IPC cannot be claimed at the stage of issuance of summons - At this stage, Magistrate is..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Deceased committed suicide leaving behind two suicide notes - Charges u/s 304-B IPC and other related sections had already framed and confirmed - Keeping in view of suicide notes as well as statements of witnesses, accused ought not to have been discharged..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 34 -- Second anticipatory bail application - Cheating - Proclamation u/s 82 Cr.P.C already issued against accused - Contention of accused that accused can be declared as proclaimed offender only in terms of S.82(4) Cr.P.C, rejected, as procedure adopted u/s 82(4) Cr.P.C is not different..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
