Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Indian Penal Code, 1860, Section 420, 506, 120B -- Cheating - Breach of contract - Complainant had improved his case ever since first complaint was filed in which there were no allegations against accused rather it was only against property dealers and in subsequent complaints name of accused was mentioned - Civil dispute seems to be converted into criminal in order to put..........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - Mala fide motive - Mala fide motives are required to be affirmatively pleaded and proved - Person against whom mala fide or bias is imputed should be impleaded as a party respondent to proceedings eo nomine and that in his/her absence no inquiry into allegations can be made...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR/complaint - Plea of mala fide - Assets disproportionate to known sources of income - If sufficient materials are gathered for sending the accused for trial then plea of mala fide may not per se form basis for quashing FIR/complaint...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - At the stage of preliminary inquiry, exercise of investigative powers being barred, such an inquiry is intended to facilitate process of formation of opinion as to whether FIR at all is required to be registered...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR/complaint - Whenever powers are invoked either u/art 226 of Constitution or u/s 482 Cr.P.C for quashing of FIR/complaint, Courts would not be justified in embarking upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Prevention of Corruption Act, 1988, Section 13(1)(b), (2), Indian Penal Code, 1860, Section 120B -- Assets disproportionate to known sources of income - Quashing of FIR - It is desirable that FIR pertaining to corruption cases cannot be quashed at the stage of investigation, as it is difficult to form an opinion conclusively at the stage of investigation that public..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner is neither named in FIR nor informant who is an eye witness has named any one in his statement recorded u/s 161 Cr.P.C - He was implicated by injured in his statement recorded u/s 161 Cr.P.C after 21 days of incident - Petitioner was identified in CCTV footage and presence of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigation of case conducted in perfunctory manner - There was no proper investigation by State investigating agency at the relevant time and even material evidences were also not collected - Mere filing of charge sheet and framing of charges cannot be an impediment in ordering further..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
