Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - Accused inflicted below with a weapon like knife and he inflicted injury on deceased on the vital part of body - It is to be presumed that causing such bodily injury was likely to cause death - Case falls u/s 304(Part I) IPC and not u/s 304(Part II) IPC...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Criminal conspiracy - Order of Central Vigilance Commission (CVC) shows that chances of conviction in a criminal trial involving same facts appear to be bleak - Accused discharged...........
Indian Penal Code, 1860, Section 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 366-A IPC and S.4 of POCSO Act - Sister of informant left her home at her own will and married with son of petitioners - There being an infant baby born out of wedlock and her desire to live..........
Indian Penal Code, 1860, Section 313, 498A, 114 -- Offence u/ss 313, 498-A, 114 IPC - Compromise - Amicable settlement arrived at between parties - Offences in question are lesser serious in nature - Further proceedings would amount to abuse of process of law - FIR quashed...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of FIR - Love affair between parties - They had been in regular touch with each other over phone and also used to meet regularly as and when they got time from their respective jobs - Accused and victim now happily married with each other - No useful..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Anticipatory bail - Offence u/s 363 IPC and Ss.7, 8 of POCSO Act - Alleged victim who claims to be girlfriend of accused has not made any allegation of kidnapping against him - There are also no ingredients of Ss.7, 8 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner due to some loss in business in real estate could not hand over flat to complainant nor could succeed to return amount - However, petitioner is ready to return amount of complainant in installment and complainant has no objection - Petitioner released on provisional bail - Direction issued...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Accused is in custody since 23.7.2020 - He has no criminal antecedents - Keeping in view facts of case, nature of allegations, gravity of accusation, availability of accused at the time of trial etc. and role attributed to accused, bail granted with conditions...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Scribe is not a competent witness to speak about passing of consideration...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
