Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Parity basis - Recovery of 2 kg 600 gms opium - Secret information - Police got clue from accused `T' who gave secret information - Role of accused `T' was confined to part of conspiracy whereby police..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Indian Penal Code, 1860, Section 392 -- Robbery of vehicle - Delay of one week in lodging FIR not explained by complainant - Owner of vehicle not produced as a witness to establish fact that complainant informed him about vehicle being hired - Fact from where complainant was robbed was known to police and thus there was no discovery in consequences of information received..........
Indian Penal Code, 1860, Section 471, 201 -- Offence u/ss 471, 201 IPC - Four persons were sitting in the vehicle in question having fake number plate - Trial Court acquitted three co-accused except accused - Case of accused cannot be distinguished from other co-accused - Moreover, accused was not driving the vehicle and he was merely a passenger - No evidence on record as..........
Indian Penal Code, 1860, Section 279, 337, Evidence Act, 1872, Section 102 -- Rash and negligent driving - Onus to prove - Onus is always upon prosecution to prove beyond reasonable doubt that vehicle in question was being driven rashly and negligently...........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving by motorcyclist - Injuries sustained by pillion rider - None of witnesses stated something specific with regard to speed of motorcycle being driven by accused at the time of accident - Prosecution failed to prove guilt of accused - Two views possible from statements of PWs as well as exhibits on record..........
Punjab Minor Mineral Concession Rules, 1964, Rule 47, 49 -- Appeal when allowed - Appeal against the assessement order is not maintainable - Appeal can be filed only if: (i) an order of cancellation or termination of mining lease or forefeiture of deposit thereunder is passed; and (ii) against an order refusing to permit transfer of mining lease - Neither of these..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
