Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appeal against conviction dismissed by High Court holding that after carefully going through the evidence on record and judgment of Court below there are no grounds to interfere - Merits of case not discussed - Without expressing any opinion on merits of case, impugned judgment set..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326 -- Bail - Offence u/ss 302, 307, 326 - Since his earlier application for bail has been dismissed, there is no change in situation - Case is pending for recording evidence of defence and delay cannot be attributed to prosecution - Bail application dismissed...........
Constitution of India, 1950, Article 226, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Quashing of FIR - After thorough investigation police prima facie found case against petitioner and filed charge sheet against accused - No case made out for quashing of FIR - Petition dismissed...........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 4 -- Conviction - High Court dismissed petition of accused without giving reasons as to how it was without any substance - Relevance of dying declaration and its effect not considered by High Court - Order of High Court convicting appellant set aside - Case remanded back...........
Criminal Procedure Code, 1973, Section 190, 200, 202 -- Cognizance of offence - Power of Magistrate - Magistrate is fully competent to look into case diary for purpose of taking cognizance and passing summoning order and it was not obligatory for this purpose to treat protest petition as complaint and to follow procedure laid down in Chapter XV Cr.P.C. - However, if..........
Indian Penal Code, 1860, Section 84 -- Insanity - Absence of motive - Mere absence of motive for a crime cannot in the absence of plea of proof of legal insanity can bring the case of accused under S.84 IPC - Order of trial Court and High Court in convicting accused under S.302 IPC upheld - Appeal dismissed...........
Medical negligence -- Ultrasound report - Allegedly false report given regarding foetal status of pregnancy - The report dated 14.7.2004 intentionally appears to have been withheld by the complainant respondent - In the absence of the ultrasound report of the wife of the respondent held that the complaint had no legs to stand and that it was not a fit case to be allowed -..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal by High Court - Appeal against - Delayed despatch of copy of FIR to Ilaqa Magistrate - Artificiality of evidence of PW1 - Non explanation of injuries on the person of accused which were very serious in nature - Combined effect of all these factors put the prosecution case in serious doubt - View taken by High Court..........
Electricity theft -- The meter was opened in M.E. Lab. in the presence of the son of the respondent - The paper seal, at that time, was found intact - There was no question of tampering with the meter - It was considered to be a case of measured theft as the main lead of current coil was made short by reducing the turns of the current coil - Held to be clear cut case of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this..........
