Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506 -- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who..........
Indian Penal Code, 1860, Section 323, 504, 506, 384 -- Offence u/ss 323, 504, 506, 384 IPC - Quashing of summoning order - Complainant caught red handed by applicants while copying in examination by using unfair means - He filed complaint against applicants and summoning order was passed against them - Neither in the summoning order there is discussion of evidence nor..........
Indian Penal Code, 1860, Section 494, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bigamy - Cruelty - Allegation against relatives of husband - Quashing of proceedings - Second marriage was performed by husband during subsistence of first marriage - No specific allegation against applicants No.2 to 4, except the fact that they co-operated in second..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482, Indian Penal Code, 1860, Section 147, 323, 504, 506, 452 -- Cognizance of offence - Offence u/ss 147, 323, 504, 506 & 452 IPC - Accused not summoned for the offence u/s 506 IPC - This in itself shows application of mind - No ground to quash proceedings...........
Indian Penal Code, 1860, Section 95, 332, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 332, 504, 506 IPC - Even if the allegations in the FIR are taken to be true, accused only caused "slight harm" which is not covered under the definition of any offence punishable under the law - FIR quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 294, 504, 506, 354A, 354D -- Anticipatory bail - Offence u/ss 294, 504, 506, 354-A, 354-D IPC - Version as set forth by complainant prima facie belied by report of FSL - There is no likelihood of accused fleeing from justice - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 302, 307, 504, 506, 120B -- Murder - Accused by using filthy words abused sister and mother of informant and when objection was raised by deceased, accused with an intention to kill deceased brought a double barrel gun and shot at deceased and injured - Death caused due to anti mortem fire arm injury - Double barrel gun was recovered from..........
Indian Penal Code, 1860, Section 323, 324, 452, 504, 506, 34 -- Private complaint - Offence u/ss 323, 324, 506, 34 IPC - Quashing of complaint - Investigation report u/s 202 Cr.P.C. shows that presence of accused and witnesses of complainant was not proved - Even the place of occurrence was found to be shop of accused and not the house of complainant - Preliminary evidence..........
