Indian Penal Code, 1860, Section 420, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Complainant alleged in the complaint that accused misbehaved with him and his wife on mobile phone twice or thrice using abusive languages and threatened them with dire consequences - It is not alleged in the complaint that accused or her family..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 5 months and 12 days - He is first time offender and he is only bread earner of family - Accused has faced agony of trial for a considerable long period - Moreover, it is a case of injury sustained in the accident -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of eye witnesses - Eye witnesses PW1 and PW2 stated that all the accused who were alleged to be wielding country made pistols had fired upon deceased - However, post mortem report indicates only one fire arm injury which is not consistent with the case of prosecution that all the accused had fired upon..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Accused are specifically named in the dying declaration recorded by Magistrate and it is specifically stated that they poured kerosene on her - Magistrate was examined as PW6 and nothing is on record with regard to any allegation against Magistrate to the effect that he..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Gun shot injury - Allegation that accused fired on police party - However, none of PWs have seen accused firing on police party with intention or knowledge to commit an offence proving his guilt - There is no independent witness in any of proceedings though may be available -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Victim has not identified accused during course of trial - There is no DNA examination conducted in the case - Conclusion of trial is likely to take sometime - No fruitful purpose will be served by detaining accused in further custody - Without expressing any opinion on merits..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 471, 120B -- Quashing of proceedings - Compromise - Cheating - Dispute between parties settled in view of compromise - No possibility of accused being convicted in the case pending against them - Proceedings qua accused quashed...........
