Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 427, 504, 506 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.323, 427, 504, 506 IPC - Quashing of proceedings - Neither there is any averment in FIR that applicants ever called opposite party no.2 by his caste name, nor any averment about..........
Criminal Procedure Code, 1973, Section 31 -- Two - essential ingredients of S.31 Cr.P.C., are.: (i) a person is convicted at one trial; (ii) trial is for two or more offences...........
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Non-framing of charge u/s 376 IPC - Rape as defined u/s 375 IPC and penetrative sexual assault by penis into vagina u/s 4 of the POCSO Act have got all common ingredients - Conviction of accused u/s 4 of POCSO Act therefore..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 423, 467, 468, 471, 506 -- Bail - Cheating and forgery - Nature and gravity of offences - A simpleton disciple was duped by spiritual Guru of his valuable landed properties on the pretext of curing mental ailment of his son - At the time of transaction, disciple had an impression that it was..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a Government Advocate or Public Prosecutor..........
Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Offence u/ss 420, 406, 384, 120-B IPC - Case of breach of contract - Neither there is any dishonest intention at the inception nor any threat was ever given prior to delivery of property - Even offence of conspiracy is not proved - Essential ingredients of alleged offences missing in case - Prima facie no allegations..........
Indian Penal Code, 1860, Section 176, 177, 201, 202 -- Offence u/ss 176, 177, 201, 202 IPC - Quashing of charge-sheet - Petitioner furnished information to police which was within his knowledge - No evidence on record that petitioner intentionally omitted to inform the police or gave any false information in order to cause any evidence to disappear with the intention of..........
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 113A -- Dowry death - Presumption - 100% burn injuries - Deceased died within one year of her marriage - Basic ingredients of S.113-A Evidence Act r/w Ss.304-B, 498-A IPC stood against accused persons for their prosecution for offences punishable u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quashing of FIR - Suicide because of non fulfillment of demand of dowry made from sister of deceased - Suicide note recovered but not examined by handwriting expert - Even if suicide note is accepted as true no ingredients of offence u/s 306 IPC could be spelt out from the same - Merely because a person..........
