Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 504, 506 -- Sanction for prosecution - Respondent though Member of Parliament was addressing political meeting as part of campaign - Therefore, not discharging official duty in that capacity - Sanction u/s.196 Cr.P.C. not required...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Offence u/ss 304-B, 34 IPC - As per the allegations petitioner has demanded motorcycle and other dowry articles from complainant - However, recovery memo prepared reflects that motorcycle has already been recovered - Moreover, trial will take sufficient long time as against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394 -- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 - - Bail - Attempt to murder - Injuries attributed are either simple in nature or are on no, vital part - Even, challan has already been filed and charges has been framed - However, no evidence has been led by prosecution so far - Moreover, no other case is pending against the petitioner -..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 326 -- Compensation - Acid attack - 16% burn injury - Victim suffered an uncivilized and heartless crime committed by accused and there is no room for leniency which can be conceived - Accused rightly convicted u/s 326 IPC and sentence of 5 years at least needs no interference - However, it is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
