Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354A, 451, 506, 511 -- Bail - Rape - Offences in question not punishable with death sentence or imprisonment for life - There is thus, no legal and statutory bar to grant bail - Even otherwise, offences in question are serious in nature and against society cannot be the sole reason for..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegations of rape cannot be quashed on the basis of NOC given by victim stating that she does not want to pursue the FIR against accused and fact that she has turned hostile does not waive off offence as alleged by her against accused, as act of rape is not an act..........
Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Issuance of process is postponed by Magistrate when he on the basis of material on record, is not in a position to make up his mind as to whether any offence is made out against accused or whether or not allegations made in the complaint are true...........
Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Direction to police to investigate - Shows that Magistrate was not sure on the basis of material on record whether or not allegations made in the complaint are true or whether any offence is made out against accused - Order for seizure of vehicle without jurisdiction and thus, set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Solitary ground that cheques were stolen would be in the realm of disputed question of fact and would require evidence of parties - Petition for quashing cannot be entertained at this stage owing to existence of triable issues -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - When Court is seized of application case u/s 321 Cr.P.C. thereupon, it became enjoined to not assess quality of evidence adduced by prosecution and nor to discover therefrom whether prosecution case would end in acquittal or conviction rather the only duty enjoined upon Court is to assess whether..........
Criminal Procedure Code, 1973, Section 482 -- Permission to travel abroad - Default by borrower - Issuance of Look Out Circular - Merely looking at quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by borrower/guarantor - More so when no criminal case alleging fraud has even been filed against borrower/guarantor - Suspicion cannot..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a)(i) -- Offence u/s 188 IPC - Court cannot take cognizance of offence u/s 188 IPC without there being a complaint from public servant or his superior...........
Indian Penal Code, 1860, Section 505(1)(b), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 505(1)(b) IPC - Prosecution failed to explain as to how speech of accused had led to incitement to violence/public disorder - No prima facie case is made out against accused - Moreover, investigation of case has not revealed anything more against accused - FIR quashed...........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
