Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Deceased committed suicide leaving behind two suicide notes - Charges u/s 304-B IPC and other related sections had already framed and confirmed - Keeping in view of suicide notes as well as statements of witnesses, accused ought not to have been discharged..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Show cause notice was issued u/s 46 Cr.P.C - However, no sufficient opportunity was given to accused to exhaust benefit u/s 446(3) Cr.P.C - Benefit or its entitlement under said provision was not either taken up or addressed - Order forfeiting bail bond of accused is bad in law and liable to be set..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - It is not within jurisdiction of trial Court either to reduce or to give up or to alter penalty, which would be legal consequence of forfeiture of bail bond except u/s 446(3) Cr.P.C for which reasons must be recorded...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact cannot be adjudicated upon by Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Criminal Procedure Code, 1973, Section 197, Water (Prevention and Control of Pollution) Act, 1974, Section 43, 44, 47, 48 -- Public servant - Sanction for prosecution - Offence u/ss 43, 44 of Water Act - Accused was Chief Officer of Gram Panchayat at the relevant time - He cannot strictly be called Head of Department of Government - Matter would come directly u/s 47 and..........
Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Right to summon documents has to be exercised when trial is in progress and not when trial is completed including after statement of accused u/s 313 Cr.P.C has been recorded...........