Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - No evidence on record that accused had either taken away victim or compelled her to leave guardianship of her parents - Victim went on her own and there is also no evidence that after leaving parents home victim resided with accused - No active part or role played by accused - Accused performed marriage with victim..........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 306, 34 IPC - Compromise - Offence heinous and serious offence - Not a fit case to quash FIR on the ground of compromise...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - Provisions of NDPS Act or Drugs and Cosmetics Act cannot be pre-judged at the bail stage...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - No recovery effected from petitioner - Bar of S.37 of NDPS Act prima facie therefore, will not apply - Moreover, petitioner is an authorized licensee and is..........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504 -- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came..........
Indian Penal Code, 1860, Section 328, 427, 506 -- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any infirmity - Moreover, incident..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 304B -- Anticipatory bail - Offence u/s 306 IPC - Admittedly, application for addition/alteration of charges has been moved and trial Court is yet to be decide as to fate of the application - However, it would sub-serve ends of justice if necessary directions are issued to trial Court that in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 493, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of order taking cognizance - Offence u/ss 493, 506, 34 IPC and Ss.3, 4 of 1961 Act - First complaint lodged against petitioner dismissed - Second complaint filed in which factum of renegotiation of marriage between parents of..........
Indian Penal Code, 1860, Section 302, 84 -- Triple murder case - Death sentence - Plea of insanity - Defence of accused predicated on S.84 IPC rightly rejected by Courts below being not proved - Even though accused has not been able to establish defence of insanity, he was under mental strain and stress which resulted into reaction on his part - Accused is not a person of..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Recovery of bloodstained pent of accused - Murder case - Accused was also injured in the incident and in absence of fact that what was blood group of accused, it cannot be conclusively proved that bloodstains on pant recovered were of deceased - Moreover, accused was arrested on 3.3.15 itself and..........
