Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Enhancement of sentence - Notice to accused is required to be given by High Court before enhancing sentence - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 417, 420, 323, 384, 506, 109 -- Bail - Rape - Consent between de facto complainant and accused - When de facto complainant felt that relationship between her and accused is not going to work out, she filed the complaint - Bail granted...........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Imprisonment in default of security - Magistrate passed the order of cancellation of security bond and ordered to detain petitioner till expiry of bond period - However, in said order Magistrate has not even stated as to whether any summons for production of accused was issued, whether..........
Criminal Procedure Code, 1973, Section 482, 397 -- Petition u/s 482 Cr.P.C. - Petition is maintainable in exceptional cases, where though remedy of S.397(2) is available...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Commercial relationship which broke - FIR and charge sheet quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint be quashed, if no offence is made out by a careful reading of complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - No offence made out, if all the averments contained in complaint are taken to be true - FIR and charge sheet quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 34 -- Quashing of criminal proceedings - Offence u/ss 417, 34 IPC - Money suit filed for recovery of the amount in question which is also the subject matter of complaint case - For the same allegations two cases are going on which is not permissible - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - FIR against victim of rape for the offence of extortion - Compromise - Victim of rape a young lady of 23 years - If she goes through trial, in one case as victim and in another case as accused, it would rob the prime of her youth - Though in a heinous case like rape, proceedings in a..........
