Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal by victim - Leave to appeal - Victim preferred an application u/s 482 Cr.P.C. to treat the appeal initially filed u/s 372 Cr.P.C. to be one u/s 372 read with S.378 Cr.P.C. - Though High Court observed that no such leave was necessary, but since there was already an application on behalf of..........
Criminal Procedure Code, 1973, Section 2(wa), 372 -- Appeal against acquittal - Can be maintainable at the instance of widow of deceased, as she comes within the definition of "victim" u/s 2(wa) Cr.P.C., even though leave to appeal was not granted to State...........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Can be quashed in part...........
Criminal Procedure Code, 1973, Section 216 -- Additional charge - Plea that sufficient material is available on record for framing an additional charge - Held, Sessions Court before whom the case is pending to consider the entire material on record and consider the aspect of framing of an additional charge...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Not to be lightly brushed away - However, statement is required to be considered along with antecedents, facts and circumstances...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452 -- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be allowed solely or exclusively on the ground that fundamental principle of criminal jurisprudence is that accused is presumed to be innocent till he is found guilty by competent Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 18 -- Anticipatory bail - Offence u/s 3(1)(xi) of SCST Act - S.18 of SCST Act creates a bar for invoking S.438 Cr.P.C. - S.438 Cr.P.C., which is available to an accused in respect of offences under IPC, is not available in respect to..........
