Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 452, 308, 323, 504, 506 -- Quashing of FIR - Offence u/ss 376, 452, 308, 323, 504, 506 IPC - An application filed by first informant before I.O. that there was no physical relationship between her and accused - False FIR - FIR lodged on false allegations only to built pressure upon accused so..........
Criminal Procedure Code, 1973, Section 482, 389 -- Right of victim to seek cancellation of bail granted during pendency of appeal - If accused after coming out of jail, during bail/suspension of sentence, commit any offence or criminally intimidate the victim or the prosecution then victim will have a right to apply for cancellation of bail u/s 482 Cr.P.C. before the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(2)(vii), 4 -- Quashing of investigation - Offence u/ss 3(1)(v), 3(2)(vii), 4 of SC/ST Act - Even accepting allegations in report to be true, no offence under SC/ST Act is made out - Proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - While considering bail application, Court has to attach presumption of correctness to the statement of a witness recorded during investigation of case, particularly when said statement has been recorded by a judicial Magistrate...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Criminal Procedure Code, 1973, Section 228 -- Non-framing of charge u/s 149 IPC - Mere defect in language or in narration or in the form of charge would not render conviction unsustainable provided accused is not prejudiced thereby...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal pending for seven years - Rejection of application that it should be heard while hearing of appeal - Looks almost an impossibility - This is incorrect approach - Bail granted...........
