Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 465, 467, 468, 471 -- Bail - Offence u/ss 406, 420, 465, 467, 468, 471 IPC - Complainant alleged that petitioner showed him original letter of intent from GMADA in his favour and therefore he entered into agreement to sell, paid earnest money - FIR registered by petitioner against said..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is not doing any service - However, husband has agricultural farming and he is young man and on daily wage Rs.200/- per day is Rs.6000/- assessed by trial Court as monthly income of husband - Wife on the other hand is graduate lady but not doing any service and has no source of income, unable to..........
Indian Penal Code, 1860, Section 149 -- Common object - Involvement of five or more persons right from inception is clearly mentioned in the case - Names of A-1 and A-2 were specifically mentioned in the FIR and presence of three other persons were also mentioned - PWs specifically stated the number of persons involved in the crime - Merely because A-3 and A-4 were..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Penetrative sexual assault - Father of victim explained that there was a delay in lodging FIR, because in village no one cannot expect to rush to police station soon after noticing the missing of a person - Delay in lodging FIR satisfactorily explained and such delay not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 32 -- FIR - FIR lodged by deceased is admissible u/s 32 of Evidence Act...........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Commission of offence is made out from bare reading of contents of FIR - As regarding contentions of accused that complainant is a habitual blackmailer and she lodged false FIR with intention to extort money cannot be taken into consideration at this stage - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed in exercise of power u/s 482 Cr.P.C where a report u/s 173 Cr.P.C is not filed...........