Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 509 -- Anticipatory bail - Outraging modesty of woman - Prosecutrix was harassed in 2017, but no report made by her in this regard - Alleged incident occurred in 2019 and report was lodged after one month - It is thus, a fit case for grant of anticipatory bail to accused - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Bail - Offences u/ss 354, 354-D, 506 IPC and S.12 POCSO Act - As against total 16 witnesses cited by prosecution, only 3 witnesses have been examined - Moreover, prosecutrix has improved her earlier version as..........
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..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 511, 376 -- Delay in lodging FIR - Offence u/ss 354, 511, 376 IPC - Husband of prosecutrix was staying far from prosecutrix - Subsequent to incident, prosecutrix first travelled to meet her husband and after narrating the incident to him, she further travelled to register a complaint before..........
Indian Penal Code, 1860, Section 354, 511, 376 -- Offence u/ss 354, 511, 376 IPC - Prosecutrix and her daughter were pleading with accused to let prosecutrix go - However, accused did not show any reluctance that he was going to stop from committing offence in question - Had there been no intervention, accused would have succeeded in executing his criminal design - Conduct..........
Indian Penal Code, 1860, Section 354, 511, 376 -- Offence u/ss 354, 511, 376 IPC - Accused forcibly entered the house of prosecutrix in a drunken state and using criminal force lifted her petticoat despite her repeated resistance - Statement of prosecutrix was corroborated by her daughter, who is an eye witness to incident, husband of prosecutrix and independent witness -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354 -- Quashing of charge sheet - Outraging modesty of woman - Accusation of molestation by complainant against accused, who is real brother of her deceased husband - I.O submitted charge sheet and Magistrate applied its legal mind and thereby took cognizance u/s 354 IPC which was substantiated by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 342, 354, 376B, 506, 509, 34 -- Quashing of FIR - Offence u/ss 342, 354, 376-B, 506, 509, 34 IPC - Case in hand is apparently a case of blatant abuse of process of law, wherein complainant has attempted to harass her ex-husband and other members of his family by leveling false and obnoxious..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 354, 294, 149, 354(B), 223, 506 -- Anticipatory bail - Offence u/ss 341, 354, 294, 149, 354(B), 223, 506 IPC - Admittedly, parties are litigating over a dispute land - Allegations and records shows that allegations are vague and there is no specific role attributed except that accused tore..........
