Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - A student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide - No iota of material on record even assuming the complete charge sheet to be correct which could lead to..........
Protection of Children from Sexual Offences Act, 2012, Section 12 -- Offence - u/s 12 of the Act falls in the second category of Part II of Schedule I of Cr.P.C. as such offence is cognizable and non bailable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - Murder - Accused is behind the bars for more than three years and till date trial not concluded - Though 31 witnesses have been examined, but 13 witnesses yet remain to be examined - Considerable time is still likely to be consumed in conclusion of trial, bail granted to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment - There was no pre-mediation to cause death of deceased - Accused having realized his mistake had thereafter taken immediate steps to shift his wife/deceased to hospital but unfortunately she breathed her last - Accused liable to be convicted u/s 304(Part II)..........
Indian Penal Code, 1860, Section 307, 427, 270, 34, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29 -- Bail - Petitioner is in custody since more than 2 years and the conclusion of trial is likely to take time - Petitioner was not involved in any other case and further incarceration of the petitioner would be violative of the right of the..........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - Prosecution failed to lead any evidence to show that accused was having in his possession explosive substance for any unlawful purpose - Testimony of I.O raises a question mark on entire process of recovery of explosive substance, vehicle in question and other recoveries from accused - No independent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is not required to spell out in the complaint the nature of transaction or source of fund, as onus is on the accused to prove that cheque was not issued towards discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued 15 signed blank cheques to complainant - He chose not to reply to legal notice demanding payment of loan by complainant - Even, accused has not taken any legal steps against complainant for misuse of alleged signed blank cheques as alleged by him - Defence taken by accused is improbable -..........
