Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Unauthorized construction on property owned and possessed by accused - Offence u/s 447 IPC is not made out...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Accused in possession of his own property as owner and he not entered into or upon property in possession of another person - Even if he raises constructions, which may be unauthorized, he would not be liable for an offence of criminal trespass punishable u/s 447 IPC - FIR quashed...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 468, 467, 471 -- Quashing of second FIR - Offence u/ss 420, 468, 467, 471 IPC - Both FIRs lodged against same accused in respect of same incident of same occurrence - Though complainant in both the FIRs is different person of same department who have lodged FIR on behalf of such..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 406, 420, 120B -- Bail - Offence u/ss 379, 406, 420, 120-B IPC - FIR outcome of a monetary dispute between parties - Petitioner has no concern with Sharma Agro wherein machinery was alleged to have been concealed - Petitioner is in custody for over 5 months and out of 13 witnesses only one..........
Indian Penal Code, 1860, Section 304(PartI), 149, 452, 506, 323, 148 -- Reduction of sentence - Offence u/ss 302, 149, 452, 506, 323, 148 IPC - Conviction of convicts converted from Ss.302, 149, 452, 506, 323, 148 IPC to Ss.304 Part-I, 149, 452, 506, 323, 148 IPC - Incident took place in the year 2015 and convicts are only bread earners of their respective families - No..........
Indian Penal Code, 1860, Section 498A -- Cruelty - There was dispute between deceased and accused prior to occurrence, as Rs.50,000 was demanded by accused from parents of deceased - Deceased was harassed for such dowry demand - Evidence of father of deceased proved said fact which was corroborated by evidence of PW13 - Charge u/s 498-A IPC held, proved against accused -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No direct evidence to establish that accused either aided or instigated deceased to commit suicide or entered into any conspiracy to aid her in committing suicide - Even no material on record to show that immediately prior to deceased committing suicide there was cruelty meted out to deceased by accused due to..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Advocate on panel of Bank - Issuing false non encumbrance certificate by Advocate - Plea that non encumbrance certificate was issued to extend pecuniary advantage to the farmers - There is no basis on record for making such statement except that non encumbrance certificate was not found proper - There..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for further cross-examination - Murder case - Doctor not cross-examined as regards MLR of another co-accused - Both accused and co-accused are charged with same offence u/s 302 IPC - No prejudice thus, caused to accused simply by recalling doctor once for cross-examination on limited issue - Application filed by..........
