Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Allegations against accused are of very trivial nature - Cross-complaints filed by parties against each other - No progress made in proceedings since charge sheet was filed against accused in the year 2015 - Continuing the proceedings would be a persecution and..........
Indian Penal Code, 1860, Section 503 -- Criminal intimidation - In order to constitute offence of criminal intimidation, there must be threat with intention to cause alarm to the complainant or to do any act which is not legally bound to do - Mere expression of any words without any intention to cause alarm to complainant or to make him to do, or omit to do any act, is not..........
Indian Penal Code, 1860, Section 448, 442 -- House trespass - Allegation that on the relevant date, time and place, accused trespassed to the house of complainant - However, on perusal of material available on record, in civil suit Court granted temporary injunction in favour of accused and therefore, by virtue of said order, they entered the premises - Prima-facie, there..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Allegation that on the relevant date and time, accused intentionally insulted complainant to provoke his breach of peach - However, on perusal of charge sheet at column No.17, I.O. has not stated about the ingredients of S.504 of IPC - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Husband not disputed his presence at home at the relevant time - He failed to offer any explanation or gave false answer as to how wife received injuries - Defence of robbery taken by husband not proved as nothing on record to indicate that he had suffered any injuries - On the other hand there were..........
Indian Penal Code, 1860, Section 500 -- Defamation - Complaint made to SDM that a shop is put up by encroaching upon some land and that said shop put up was creating nuisance, as many anti social elements and road romeos started vising said shop and were creating all sorts of problems - No case is made out to put accused to trial for alleged offence - There is no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
