Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 294(a), 294(b), 325, 506(II) -- Delay in lodging FIR - Offence u/ss 294(a), 294(b), 325, 506(II) IPC - Incident occurred in night hours - Complaint lodged after brother of complainant admitted in hospital - Complainant stated that she felt very embarrassed and ashamed to describe act of accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix was blackmailed and forced into this defilement which was much prior to registration of case, which can only be gone into at the time of trial - She in her stand throughout has levelled allegations and how under threat and coercion accused used to defile her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 342, 354, 376B, 506, 509, 34 -- Quashing of FIR - Offence u/ss 342, 354, 376-B, 506, 509, 34 IPC - Case in hand is apparently a case of blatant abuse of process of law, wherein complainant has attempted to harass her ex-husband and other members of his family by leveling false and obnoxious..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Court can summon a witness if such person was not summoned earlier, if Court is of the opinion that such person is essential to be examined for just decision of the case...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping - Two contradictory statements by prosecutrix u/s 164 Cr.P.C, belatedly after 15 days of incident - FIR based on hear say - No corroborative medical evidence on record to established defilement of..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - S.320 Cr.P.C. not only provides for compounding during trial, but permits compounding even at appellate or revisional stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Offence u/ss 306, 34 IPC - Petitioner has been in custody for past 5 months and no prosecution witness has been examined - Bail granted...........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - While passing summoning order, Court taking cognizance of offence is required to take into consideration as to whether a prima facie case has been made out or not...........
