Showing : 81-90 of 356 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Essential Commodities Act, 1955, Section 11-- Illegal trade of kerosene - Cognizance of offence - Validity - Search of vehicle and seizure of kerosene by Sub-Inspector of Police who was not authorized officer under Act - Held, Special Judge could not have taken cognizance of offence on final police report submitted by Investigating Officer..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 180, 188, 417, 421-- Quashing of FIR - Prosecution u/ss 180, 188, 417, 421 and 422 IPC - Held, in view of specific bar u/s 195 Cr.P.C. petitioner cannot be prosecuted, except by complaint in writing filed by public servant - Therefore, lodging of FIR is misuse and abuse of process of law - Impugned FIR quashed -..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 307, 323, Criminal Procedure Code, 1973, Section 482-- Attempt to murder - Hurt - Quashing of charge-sheet - No reason why victim would not name applicants in FIR regarding incident of attempt to murder her if they were present at that time - Subsequent statements of opposite party No.2 and other witnesses given to second investigating officer u/s 161..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Quashing of charge-sheet - It is not the case that jewellery or cash was ever entrusted to applicants - Held, entrustment of property is an essential ingredient of offence of criminal breach of trust - In absence of any entrustment, applicants cannot be said guilty of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482-- Cruelty - Quashing of charge-sheet - Applicants not relatives of husband of complainant - In FIR, no allegation of harassment was levelled against applicants - Held, submission of charge-sheet against applicants in respect of offence u/s.498-A IPC was misconceived and was a deliberate attempt on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57-- Contraband - Arrest & recovery - Non-sending separate report to superior officer - Investigating Officer did not dispatch a separate detailed report to DSP regarding arrests and recovery - Held, there was no, compliance of mandatory provisions of S.57 of the Act - Conviction set aside - Appellant..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 191, 193, Criminal Procedure Code, 1973, Section 164-- Statement recorded u/s.164 Cr.P.C. - False evidence - Applicability of S.193 IPC - Statement of juvenile recorded u/s.164 Cr.P.C. without administering oath - Held, S.191 IPC is not attracted - No question of application of S.193 IPC - Moreover statement of witnesses before Investigating Officer..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Cheating and criminal conspiracy - Held, FIR cannot be quashed - Investigating Officer directed to consider all documents available with accused persons to decide whether ingredients of alleged offences exist or not and to determine whether charge-sheet or negative FIR should be..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 156-- Duty of Investigating Officer - Held, Investigating Officer not only to investigate case from point of view of complainant but also investigate it from view point of accused - Investigating Officer is duty bound to collect evidence available from side of complainant, as well as from side of..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 364A, 120B, Evidence Act, 1872, Section 3-- Kidnapping for ransom - Criminal conspiracy - Proof - Victim PW2 stated that `D' and `S' were together all throughout until such time PW2 was taken by `S' to Jwalapur - Evidence of PW2 would show that in a motorcycle, `S', `D' and PW2 travelled from Roorkee to Piran Kaliyar Sharif - There, PW2 was..........

Showing : 81-90 of 356 Results