Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Mere death of deceased being unnatural in the matrimonial home within 7 years of marriage will not be sufficient to convict accused u/s 304-B IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Investigating Officer who conducted investigation was not examined - Neither any piece of evidence was collected from the place of occurrence nor dead body of deceased was recovered - Except interested witnesses most of witnesses not supported the prosecution case and they turned hostile - There is no eye..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Quashing of proceedings - Applicant is not the relative of husband - Allegations against applicant are made only because husband is having extra marital affair with applicant - Charge sheet filed against applicant is illegal according to law - Offence u/s 498-A IPC not attracted - Proceedings quashed against..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs stated that accused used to harass the deceased demanding an amount of Rs.1,50,000 for purchasing a house - Accused was present in the house along with deceased at the relevant point of time - No explanation given by accused as to how deceased met with homicidal death, as he was present along with..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Fight was amongst family members of A-2 - Deceased had come to the spot only to resolve the fight among family members of accused - There was no sudden and grave provocation due to any act on the part of deceased - Intention on the part of accused is proved, as he had gone back to the house to bring..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused has not played any active role or any positive or direct act to instigate or aid the deceased/husband in committing suicide - No proximate link between marital dispute in marriage with deceased and commission of suicide - Prosecution has failed to collect any evidence to substantiate allegations against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Solemnization of marriage during operation of an ex parte decree of divorce of earlier marriage, would not amount to offence of bigamy, even though ex parte decree of divorce is subsequently set aside...........
