Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Saptapadi ceremony under Hindu Law is one of essential ingredients to constitute a valid marriage - Since there is no averment with regard to Saptapadi in complaint as well as in statements u/ss 200, 202 Cr.P.C, prima facie no offence is made out against wife -..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Photograph of marriage is not sufficient to prove factum of marriage, especially when same are not proved on record in accordance with Evidence Act...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Where marriage is disputed, it is not enough to find that marriage took place leaving it to be presumed that rites and ceremonies necessary to constitute a legal marriage were performed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures on cheques not disputed - In itself not sufficient to convict accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant failed to give details of month and year when loan was given - Complainant apart from making bald statement that he had advanced loan miserably failed to prove existence of legally enforceable debt - Defence taken by accused that his cheque book was lost substantiated by producing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove the existence of enforceable debt of cheque amount - Mere fact that liability of the lesser amount was admitted does not enhance the case of complainant for convicting accused for dishonouring of cheque...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
