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 498A, 306 -- Cruelty - Suicide - Accused harassed the deceased by demanding dowry due to which deceased committed suicide - Deceased was taken to hospital by accused and he telephoned the father of deceased - Statement of father of deceased recorded after 7 days of incident - Neither father nor brother of deceased lodged any complaint..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep up promise subsequently cannot be presumed as an act of committing cheating - Subsequent conduct of accused is also a relevant factor to infer whether he had fraudulent or dishonest intention at the inception i.e. when offence was committed...........
Indian Penal Code, 1860, Section 384 -- Extortion - For an offence to be made out u/s 384 IPC, threat must precede delivery of property and any subsequent threat in any manner is not relevant for an offence to be made out under this provision...........
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 306 -- Abetment to commit suicide - Act, constituting abetment to commit suicide cannot be judged on the basis of any straight jacket formula - Human nature differs from person to person...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to commit suicide - Aged lonely woman humiliated and publicly dragged and beaten - These facts constitute sufficient instigation i.e. abetment to commit suicide - Offence is made out from the allegations made in the FIR and petition for quashing of FIR deserved dismissal - Petition..........
Indian Penal Code, 1860, Section 394, 324, 114, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 394, 324, 114 IPC - Quashing of FIR - - Incident occurred in the heat of moment of altercation between parties - Dispute is personal in nature - Settlement arrived at between parties - There is no legal bar to exercise power u/s 482 Cr.P.C. in respect of offence u/s..........
Indian Penal Code, 1860, Section 202 -- Offence u/s 202 IPC - To prosecute a person u/s 202 IPC, it is necessary for prosecution to show from the record accompanying the charge-sheet that : (i) petitioner had knowledge or reason to believe that some offence had been committed; (ii) petitioner had intentionally omitted to give information respecting that offence and; (iii)..........
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..........
