Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Allegations that truck driver was signaled to stop but he did not stop, broke the rope and fled away - Person who held the rope sustained minor injuries as per prosecution - However, doctor stated that except complaint of pain in shoulder, there was no other injury and not even on hands - Absence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 499 -- First exception - Quashing of proceedings - Defamation - Plea of defence of good faith - Defence plea being a question of fact can be decided during trial only and benefit of S.499 First Exception IPC cannot be claimed at the stage of issuance of summons - At this stage, Magistrate is..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Deceased committed suicide leaving behind two suicide notes - Charges u/s 304-B IPC and other related sections had already framed and confirmed - Keeping in view of suicide notes as well as statements of witnesses, accused ought not to have been discharged..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Juvenile - Bail - Dowry death - Cruelty - Accused is about 17 years of age at the time of incident - There is no distinguishing feature from case of co-accused who is already granted bail and who is adult..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
