Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
Indian Penal Code, 1860, Section 498A, 114 -- Cruelty - Allegations against husband - Quashing of proceedings - There are allegations of physical and mental torture of wife at the behest of husband - Petition for quashing dismissed qua husband...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376D, 397, 376(3), 376(DA), 395, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Bail - Rape - Appellant belongs to a poor and uneducated family belonging to a Scheduled Caste community, struggling for its sustenance and appellant was..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Courts refrain from intervening in matters of legislative policy or mandate unless provision in question is: (i) devoid of reasonable justification or basis; (ii) actuated by mala fides or an ulterior motive; (iii) lacking a rational nexus with the object sought to be achieved; or (iv) in violation of..........
Indian Penal Code, 1860, Section 363, 364, 34 -- Kidnapping - Material inconsistencies in deposition of witnesses as out of 12 PWs 11 have been declared hostile - Prosecution case has not been supported by anyone other than informant himself - There is no eye witnesses to occurrence and all the PWs were declared hostile and have not seen the occurrence - Informant in his..........
Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
