Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Non appearance of accused - Issuance of non bailable warrants - Petitioner was on her family way and gave birth to a child - Non appearance was wholly unintentional - Impugned orders set aside - Liberty is granted to petitioner to appear before trial Court within a period of 15 days...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in nine cases - Conviction in all cases against accused was recorded within a span of one year and he has already undergone sentence for about 38 years - If sentences treated consecutively then, total period of incarceration would be 40 years sentence - Sentences awarded to..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 306 -- Cognizance - Charge sheet not filed against petitioner - Petitioner summoned as an accused on the basis of statements of first informant, mother of deceased and another brother of deceased recorded u/s 161 Cr.P.C. wherein they stated that petitioner also harassed and assaulted the..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be invoked and exercised before pronouncement of order of sentence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned by trial Court after detailed discussion of evidences as well as statement of witnesses regarding involvement of accused in the offence - Much stronger case is available against accused - Accused rightly summoned...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix was dropped of at employer's house on 27.05.2013 and complaint made on 28.05.2013 - Delay in filing FIR cannot be given weightage...........
