Constitution of India, 1950, Article 226 -- Quashing of FIR - Charge sheet filed subsequent to filing of quashing petition - Even if charge sheet is filed, Court can still examine if offences alleged to have been committed were prima facie made out or not on the basis of FIR, chargesheet and other documents...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine that allegations leveled in the FIR are false...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of FIR amounts to transfer of investigation - Investigations cannot be transferred by invoking powers u/s 407 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident was witnessed by friends of deceased as per FIR - However, said witnesses not supported prosecution case and were declared hostile - PW13, who was also alleged to be eye witness to the incident not found at the place of occurrence by brother and mother of deceased when they reached place of occurrence..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - False promise of marriage - When relationship between accused and victim was consensual relationship which culminated in the marriage, allegation that physical relationship was maintained due to false promise given by accused to marry, is without basis as their relationship led to solemnization of marriage - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - I.O. failed to produce any medical evidence or other documentary evidence to prove that prosecutrix was aged below 18 years as on the date of registering FIR - Father of prosecutrix also did not state about age of prosecutrix - Prosecution has miserably failed to prove that..........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Preliminary inquiry before registration of FIR - If application u/s 156(3) Cr.P.C does not discloses cognizable offence per se, but it is indicative of commission of some cognizable offences, Magistrate has discretion to direct a preliminary inquiry before directing registration of FIR...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506 IPC and S.3(2)(va) of the Act - Presence of accused on the spot is not shown by informant in the FIR - Cognizance of offences in question against accused is not possible - Order of cognizance set aside...........
