Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Allegation of administering overdose of intoxicant to deceased is against co-accused - No allegation on record that accused ever met deceased or inflicted injury upon him - More so, as per medical report of deceased no poison found in body of deceased - Trial of case is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 205, 34 -- Bail - Abetment of suicide - Accused has been in custody since 28.11.2021 - Challan has already been presented and there are 26 witnesses and none of them have been examined - Trial of case is thus, likely to take time - Accused is not involved in any other case - He is sole..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased was harassed is clear from evidence of her mother/PW3 - PW3 stated that deceased allegedly attempted suicide for first time by consuming poison as a result of harassment caused by accused - However, matter was settled between parties - However, even after settlement, accused had continued to ill-treat deceased -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Sine quo non for attracting provision of S.405 IPC is entrustment of property with accused...........
Indian Penal Code, 1860, Section 285 -- Offence u/s 285 IPC - Act of recycling plastic waste material or supply of plastic waste material for recycling, cannot be said to be an act done with fire or any combustible matter so as to attract offence u/s 285 IPC - Offence u/s 285 IPC not made out - FIR rightly quashed...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Prosecution examined two witnesses, but they not supported case of prosecution and were declared hostile - Solitary statement of PW4/brother of deceased is vague, lacks particulars and support from any other evidence and is not sufficient to prove ingredients necessary to constitute offence of..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Accused declared proclaimed offender during proceedings u/s 138 NI Act - Parties compromised and complaint u/s 138 NI Act withdrawn - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR and all subsequent proceedings arising therefrom quashed...........
