Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 504, 506 -- Second bail application - Can be filed on fresh ground or in changed circumstances - In present case, no fresh ground shown - Only point for considering second bail is that applicant is in jail since 08.07.2008 - Held, mere long incarceration cannot be ground for granting..........
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504 and 506 IPC - Charge sheet and summoning order challenged on ground that offences are non cognizable yet Magistrate has taken cognizance - Notification declaring S.506 IPC a cognizable offence upheld in a judgment rendered by Full Bench - Petition dismissed in view of law laid by Full Bench...........
Indian Penal Code, 1860, Section 498A,504,506, Dowry Prohibition Act, 1961, Section 3,4, Criminal Procedure Code, 1973, Section 482 -- Dowry Prohibition Act - Summoning of accused for an offence u/ss 498-A, 504, 506 IPC and ,Ss. 3, 4 - Quashing - Complainant married as per Islamic customs - Demand of dowry for which complainant was tortured - Complaint against husband,..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 504, 506 IPC Ss.3/4 Dowry Prohibition Act - Quashing - By Jeth and..........
Indian Penal Code, 1860, Section 504,506 -- Threat to kill - Cognizance - Quashment - Contents of compliant do not concomitant Sections 504 & 506 IPC - Merely allegation of extending threat to kill is not enough to attract provision of S.506(2) IPC - Depth and gravity of words uttered by person extending threat is to be assessed from circumstances to make out case u/s 506..........
Criminal Procedure Code, 1973, Section 482, 397, 401, Indian Penal Code, 1860, Section 147, 323, 504, 506, 498A -- Matrimonial dispute - Criminal proceedings - Exercise of inherent power - Revisionist has challenged the summoning order by means of criminal revision - Held, since it is a matrimonial dispute and parties have come to terms and, therefore, High Court can also..........
Criminal Procedure Code, 1973, Section 482, 319, Indian Penal Code, 1860, Section 498A, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Summoning order has been passed against father-i, law, mother-i, law and husband after recording statement of complainant and witnesses that applicants withheld the articles given to wife at the time..........
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at..........
Criminal Procedure Code, 1973, Section 320,482, Indian Penal Code, 1860, Section 307, 498A,323,504,506 -- Compounding of offence - Offence u/ss 307, 498-A, 323, 504 & 506 IPC - Parties compromised - S.320 Cr.P.C. does not limit power of High Court u/s 482 Cr.P.C. - S.320 Cr.P.C. is not a bar to exercise power of quashing - Proceedings quashed...........