Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Juvenile - Bail - Dowry death - Cruelty - Accused is about 17 years of age at the time of incident - There is no distinguishing feature from case of co-accused who is already granted bail and who is adult..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304(Part II) -- Benefit of probation - Offence u/s 304(Part II) IPC - Accused has no criminal antecedents and is first offender - He has statutory right for claiming benefit of beneficial legislation and Trial Court was under a duty to consider applicability of S.360 Cr.P.C or S.4 of P.O Act -..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Accident - Collusion between motorcycle and car - Accident occurred due to rash and negligent driving of accused - Presence of eye witness/injured witness on the spot proved on record - Guilt of accused proved on record - However, since accident was not intentional, therefore, sentence awarded..........
