Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Allegation that false assurance was given by appellant and his father to complainant - However, ingredients of S.420 IPC not made out either from FIR or from any other material on record - In the FIR allegation of making assurance was made against father of accused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Indian Penal Code, 1860, Section 420, 452, 467, 471, 379, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Stealing of cheques - Cheques dishonoured on 29.03.2017 and FIR lodged on 30.03.2017 - Complainant had knowledge that he shall be facing proceedings under the Negotiable Instruments Act - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34 -- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 382, 325, 323, 452, 427, 148, 149 -- Bail - Another FIR for offence punishable under Ss.459, 325, 341, 323, 506, 34 IPC has been registered at against petitioner for incident that took place after he was allowed interim bail in case and injuries suffered by complainant and that office of..........
