Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Abetment of suicide - S.306 IPC whether attracted or not, matter of trial - Petitioners are females and have already joined investigation and not required for further investigation - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 218, 219, 220, Indian Penal Code, 1860, Section 420 -- Single charge - Conviction u/s 420 IPC on 26 counts - Allegation that accused cheated in distinct transactions at different point of time spread over a period of three years - However, only one charge was framed and not even complaints were obtained from other victims - Conviction..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 323, 506, 148, 149 -- Bail - Attempt to murder - Injury on left hand of complainant has been attributed to petitioner - Challan stands presented, but charges are yet to be framed - Petitioner is in custody since 10.7.2020 - Trial of case would take time to conclude - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 148, 308, 341 -- Quashing of FIR - Offence u/ss 323, 148, 308, 341 IPC - Dispute amicably resolved between parties in view of compromise - Though the offences are not compoundable but since the offence essentially between parties which is not affecting public peace and tranquility - FIR..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - FIR is registered by complainant solely on basis of suspicion - Neither there is any suicide note nor there is any dying declaration nor deceased had made any complaint with respect to any alleged call of threat made by any person - Even, police..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Any supplementary challan presented u/s 173(8) Cr.P.C would be in continuation of report filed u/s 173(2) Cr.P.C and would remain part and parcel of record of proceedings of case...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - In an offence u/s 307 IPC where victim has received fire-arm injury and violation of the provisions of Arms Act has also been alleged, the same cannot be quashed on the basis of compromise between parties...........
