Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/ss 498-A, 323, 504, 506 IPC - Matrimonial dispute between parties - Keeping in view of second wave of corona virus and its further surge apprehended, accused shall be released on anticipatory bail till cognizance is taken by Court on police..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Ten eye witnesses categorically stated that accused came in motorbike and assaulted deceased with two weapons - Question of showing any sympathy to accused in respect of his family background is thus, not warranted - If accused is granted bail, there is every possibility of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between deceased and accused over boundary land - PWs 3 and 4 had seen altercation between accused and deceased just before occurrence - Gap between quarrel and occurrence is very less and accused had also surrendered before Police with dao soon after incident - Prosecution side has not been..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Allegation that accused stretched wire across road in order to impede movement of passerby so that they can be looted - Motorcycle in which deceased was traveling had toppled after impact of wire on neck of deceased, as a result he died on the spot - Intention of miscreants was to commit loot and it..........
Indian Penal Code, 1860, Section 341, 447, 294(b) -- Wrongful restraint and trespass - Accused person allegedly trespassing property of complainant by creating pathway - However, as per survey plan no such pathway between property of accused and that of complainant exist - Date of occurrence not mentioned in complaint - Failure of complainant to establish that accused..........
Indian Penal Code, 1860, Section 379 -- Theft - Illegal extraction of granite, without requisite permit or in violation of permit conditions amounts to theft...........
Criminal Procedure Code, 1973, Section 82(4), Indian Penal Code, 1860, Section 406, 420, 120B -- Proclaimed Offender - Accused charged u/ss 406, 420, 120-B IPC cannot be declared as proclaimed offender u/s 82(4) Cr.P.C, as said offences do not fall within ambit of S.82(4) Cr.P.C...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Dispute between family members in respect of sharing of trees - Deposition of daughter, wife of A-1 and injured witness along with documentary evidence on record and medical evidence is natural, trustworthy and acceptable - There is no reason for wife of A1 to depose against her own husband making serious allegations -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and his wife/deceased were maintaining cordial relationship and they were coming together from market on the date of incident - Both were drunk and quarrel ensured between them and in course of quarrel, accused assaulted deceased - Act of accused causing death of his wife was not premeditated..........
