Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay may be condoned if complainant appears to be reliable and without any motive for implicating accused falsely...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder case - Intimation to Magistrate sent by post - It cannot be said that shape has been given to story later on or that there was delay in receipt of intimation of report by Magistrate...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and daughter of accused - As per FIR, son of complainant has fallen sick and was admitted in various hospital and ultimately died and only after his death complainant came to know that actually his son had a love affair with daughter of accused and they were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394 -- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail..........
Indian Penal Code, 1860, Section 307, 452, 427, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 307, 452, 427 IPC and S.27 Arms Act - Compromise - No injury resulted from the shots which were allegedly fired from licensed pistol - Thus, continuation of criminal proceedings between parties would be abuse of process of law - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161 Cr.P.C, names of appellants or any..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second FIR - Cheating - Second FIR lodged after a lapse of 29 years - Final negative report was submitted in earlier FIR and was accepted by Court - Continuation of proceedings against petitioner, who has retired, tantamount to abuse of process of Court - Second FIR quashed...........