Showing : 31-40 of 260 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 174, 154-- Inquiry - Investigation on an inquiry u/s 174 Cr.P.C. is distinct from investigation u/s 154 Cr.P.C. relating to commission of a cognizable offence - Since there was no FIR registered nor any report u/s 173 Cr.P.C. was submitted, challenge to FIR lodged after closing of case on earlier enquiry..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Corruption case - When a preliminary inquiry is ordered and same is conducted by a police officer, he cannot avoid his duty of registering FIR, in case a cognizable offence is revealed - Even in the course of quick verification or preliminary inquiry, if it comes to the notice of concerned..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156, 155-- Cognizable and no, cognizable offence - In case of no, cognizable offence, if facts disclose commission of both cognizable and no, cognizable offences, they can be tried together and no separate complaint is required for no, cognizable offences - However, while investigating a cognizable offence..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378(1)(a)-- Appeal against acquittal - Order of acquittal passed by Magistrate in respect of cognizable and no, bailable offence as well as non cognizable and bailable offences - Two appeals cannot be filed by State, one against cognizable offences and another against no, cognizable offences - Appeal lies..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378(1)(a)-- Appeal against acquittal - Order of acquittal passed by Magistrate in respect of cognizable and no, bailable offence - Appeal not maintainable before High Court, in view of bar created u/s 378(1)(a) Cr.P.C. - Appeal lies before Sessions Court...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 420, 467, 468, 470, 471, Criminal Procedure Code, 1973, Section 482-- Cheating and forgery - Quashing of FIR - Allegation against accused is that he furnished false information or has not furnished correct information regarding his children while contesting election - Furnishing false information before a public servant cannot be equated with execution of false..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to investigate..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for investigation - Though Magistrate is not required to apply his mind to take cognizance of offence, alleged in the application u/s 156(3) Cr.P.C. but it is duty of Magistrate to see as to whether such allegations give rise to a reasonable suspicion as to commission of a cognizable..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for investigation - FIR u/ss 306, 34 IPC - Allegation that deceased committed suicide due to ill-treatment and torture meted out to her by husband and her i, laws - However, except vague and omnibus allegation against accused persons no specific incident or overact attributed to them,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 494, 120B, Criminal Procedure Code, 1973, Section 198-- FIR - Cannot be registered for offence u/s 494 IPC which is a non cognizable offence - S.154 Cr.P.C. deals with information in cognizable cases - Moreso S.198 Cr.P.C. puts a legal embargo for prosecution by any other mode except by way of complaint by the affected person - FIR quashed...........

Showing : 31-40 of 260 Results