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ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 182 -- Final report that incident of theft was false - Court accepted the final report despite a protest petition against the said report and summoned the complainant u/s 182 Cr.P.C. - Protest petition could have been treated as complaint - Petitioner could have been given an opportunity to produce evidences and witnesses in support..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 420, 419, 406, 34 -- Cheating - Quashing of FIR - Allegation that accused had sold four excess flats beyond its share - However, there is no evidence on record that accused have deceptively or intentionally tried to sell excess flats as contended by complainant - Dispute between parties could at best be termed as one involving a mere breach..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 363, 368, 376, 120B -- Kidnapping and rape - Doctor who examined prosecutrix has categorically mentioned that it cannot be opined that there was sexual intercourse with prosecutrix and that there was rape committed - Vaginal smear did not show any spermatozoa - FIR was lodged belatedly - There were contradictions which were not minor in..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 376, 452 -- Rape - FIR is written and lodged by husband of prosecutrix u/ss 452, 376/511 IPC - As per prosecution case, accused only tried to commit rape - However, later on, prosecutrix stated in her statements that accused succeeded in committing rape - Medical examination of prosecutrix does not support version of prosecutrix - Though..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 376, 504, 506 -- Rape - FIR of case lodged belatedly - Testimony of prosecutrix was not believed by Sessions Judge - No alarm raised by prosecutrix during crime - Medical evidence goes to show that there was no external injuries - Spermatozoa which belong to accused was not present in vaginal swab - Prosecution failed to prove its case -..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Custody of child -- Writ of habeas Corpus - Paternal grandparents of child seeking custody of child from maternal grandfather/respondent - Mother of child upon being seriously ill was taken away by respondent along with child for medical treatment and she died in 2019 and since then child is under care and custody of respondent - Lodging of FIR u/ss 304-B, 498-A IPC and..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act - FIR registered by three complainants who are not victims as per S.2(1)(ec) of SC/ST Act is not maintainable - Anticipatory bail granted to accused...........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 302 -- Murder - Two different versions - One in dying declaration and another in FIR - Projection of two different versions by prosecution of the same occurrence having material differences with regard to time of occurrence, manner of occurrence and persons who allegedly committed the crime in question - Prosecution unable to answer as to..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary enquiry before registration of an FIR in corruption cases - Not mandatory in all cases...........

Showing : 361-370 of 4293 Results