Showing : 491-500 of 1571 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439-- Gang rape of 15 years old girl - Bail - Appellant was not named in the FIR and even prosecutrix has not disclosed the name of appellant in her statement recorded u/s 161 & 164 Cr.P.C. - He was not put up for identification and DNA test of appellant not done - Appellant was not with co-accused..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - A person not named in FIR or named in FIR but not charge sheeted or who has been discharged can be summoned u/s 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with accused already facing trial - However, an accused who has..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154, 482-- Second FIR - Quashing of proceedings - Registration of second FIR against petitioners after referring to first FIR as mistake of fact, certainly amounts to abuse of process of Court - As there is a Bar under law to register second FIR in respect of same incident basing on the same set of facts -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27-- Murder - Delay in lodging FIR - Complainant stated that delay caused due to the threats given by accused to complainant and others against reporting the matter to police - Lodging of FIR instantaneously about commission of offence takes a back seat specifically when life, liberty and welfare of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Where after taking into consideration the allegations levelled in FIR no case is made out, High Court can quash FIR while exercising power u/s 482 Cr.P.C - However, High Court must exercise its inherent powers for the purpose of quashing FIR very rarely and not in a routine..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Appeal - Suspension of sentence - Bail - Offence u/ss 302, 394, 201 & 411 IPC - Case virtually a case of no evidence - No one was named in FIR - Appellant is said to have been roaming near the place where dead body of deceased was recovered - There is some recovery of Tora and Safi but no..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Lodging of FIR within one hour and fifteen minutes after covering distance of 1 km cannot be said to be too prompt FIR - Plea that FIR is too prompt to believe rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay - Prosecution case resting on ocular evidence, cannot be doubted solely on ground of delay in lodging FIR - Various circumstances may be responsible for delay - Delay properly explained and such explanation probable and natural in facts and circumstances of case cannot adversely affect..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay in lodging - Occurrence took place at 5.00 a.m. - Statement of complainant recorded at 10.00 a.m. and FIR registered at 10.40 a.m. - Police station at a distance of 10 kms from the place of occurrence - `S' lost her life and her mother sustained injuries on her head - In such a..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Sending copy of FIR to Magistrate - Column 15 which pertains to `date and time of dispatch to Court' left blank - PW-12 Sub Inspector who recorded FIR when cross examined was unable to say as to by whom and when copy of FIR was sent to Magistrate - No attempt made to prove as to when and how..........

Showing : 491-500 of 1571 Results