July 2019

Attempt to Murder-Gunshot Injury-Bail- Recovery of weapon of offence was made from main accused—Petitioner denied any knowledge of intention of main accused to commit such an offence- -Petitioner is in custody from about last 6 months—Bail granted

By | July 22nd, 2019|Categories: Bail|

Debatable question as to whether any offence qua petitioners is made out-Keeping in view the role of the petitioners and the material on the basis of which they have been indicted, further custody of the petitioners is not justifiable—Without commenting on merits, bail granted-Medical Termination of Pregnancy Act, 1971, S.3

By | July 21st, 2019|Categories: Bail|

Petitioner had fired a shot in the air and ran from spot after issuing threats—Petitioner sentenced for 1 year-Submission that petitioner is facing agony of protracted trial and appeal for more than 11 years and petitioner is not a habitual offender-Sentence reduced to period already undergone

By | July 21st, 2019|Categories: Reduction in Sentence|

Scheduled Castes—Knowledge to accused— Where the accused has no knowledge of the caste of the complainant, no offence under the said Act is alleged to be made out Framing of Charges—It is incumbent upon the Court to examine the material carefully to build an effective opinion

By | July 21st, 2019|Categories: Acquittal|

Attempt to Murder-Bail-Injuries have been duly attributed to the petitioner-None of the injuries caused to the complainant has been declared as dangerous to life-Out of 23 witnesses, only one witness has been examined-Petitioner is in custody from about last one year-Bail granted

By | July 21st, 2019|Categories: Bail|

Evidence closed by the order of the Court, after granting so many opportunities, then moving an application under Section 311 Cr.P.C, by any means, cannot be taken as any bonafide exercise on the part of the petitioners-However, one effective opportunity granted to cross examine the complainant subject to payment of costs of Rs.l lakh

By | July 21st, 2019|Categories: Additional Evidence|

Held; from the evidence collected by the Prosecuting Agency, even the trial Court has found material sufficient to proceed against the petitioners and framed charges-Therefore, at this stage, it would not be appropriate for this Court to interfere and to scuttle the prosecution in the case by discarding the evidence, which has been collected by the prosecution-Petition dismissed.

By | July 21st, 2019|Categories: Quashing|

Attempt to Murder-Bail-Injuries attributed to the petitioner are either simple in nature or are on non-vital parts- Challan has already been filed but no prosecution evidence has been led so far-Petitioner is in custody from last six months-Bail granted

By | July 21st, 2019|Categories: Bail|

Cheating—Business Transaction—Complainant as well as petitioner firm were having business transactions since long and were have running account—Matter relates to some outstanding amount—Appropriate remedy is civil proceedings—FIR quashed

By | July 20th, 2019|Categories: Quashing|

Proclaimed Offender– Quashing—Nothing on the record, which shows that the petitioner was ever served court notice or investigating officer ever served him under the provisions of Section 105-B Cr.P.C. before filing final report under Section 173(2) CrPC-FIR and all subsequent proceedings quashed.             

By | July 20th, 2019|Categories: Uncategorized|

Recovery of contraband was effected from co-accused only-However, two live cartridges and .32 bore pistol were recovered from petitioner-Petitioner is in custody from about last 6 months-Trial to take time and no useful purpose would be served by detaining petitioner any more-Bail granted

By | July 20th, 2019|Categories: Bail|

Dishonour of Cheque-Comparison of Signatures-Once the said documents were produced in original in preliminary evidence of complainant without any objection and documents are not relevant for, deciding core dispute; filing of such application can be safely inferred as filed with mala fide intention with sole object to delay the proceedings- Application held to be rightly dismissed.   

By | July 20th, 2019|Categories: Cheque Bounce|

Dishonour of Cheque-Territorial Jurisdiction -Quashing- Cheque was issued at Kerala-Presented at Bangalore for encashment-Complaint filed at Gurgaon-Held; Complainant just to harass and putting under pressure upon the petitioner filed impugned complaint at Gurgaon, which is distantly situated from Bangalore

By | July 20th, 2019|Categories: Cheque Bounce|

Rape–Bail-Consenting Party-Complainant is a grown up mature lady and had volunteered into this relationship over a long period of time, thus a debatable issue arises over the very allegations of rape-

By | July 20th, 2019|Categories: Bail|