Indian Penal Code, 1860, Section 363, 376D, 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Kidnapping and rape - Discharge - Police investigated the matter and recorded the statement of witnesses including victim and after collection of evidence and conclusion of investigation submitted charge sheet..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations in FIR made against all the accused to hatch conspiracy and to grab money of complainant with the help of petitioner - Indisputably amount of Rs.11 lacs of complainant has been pocketed by accused - FIR in question is at initial stage of..........
Prevention of Corruption Act, 1988, Section 17 -- Persons authorized to investigate - Investigation of case was entrusted by Superintendent of Police to Inspector of Police - There is no fetter of law that under instruction of Superintendent of Police, an Inspector cannot conduct investigation - Contention that investigation is vitiated because of being done by a non..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - If a bare perusal of complaint reveals commission of a cognizable offence, Magistrate is left with no other option but to send the same to police for registration of FIR - Reliability, truthfulness or genuineness of allegations made in complaint is a task to be undertaken during course of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegations against Police Officers - SP to entrust investigation to an officer not below the rank of Additional S.P. - Investigation Officer to conduct investigation fairly, impartially as well expeditiously - Investigation shall be concluded within three months from the lodging of FIR and..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Criminal Procedure Code, 1973, Section 154 -- Non-registration of FIR by police - Police did not register FIR u/s 154 Cr.P.C, still it ventured to have roving inquiry into various aspects of the matter - In no circumstance, it can be said that police had no material to suspect the foul play and apprehension of commission of cognizable offence - Police however, remained..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate should apply judicious mind while exercising power u/s 156(3) Cr.P.C. - Mere mention in the order that he has gone through the complaint and police investigation is not required or otherwise, would not be sufficient compliance of application of judicial mind while deciding application u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Application disclosing cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case - However, in exercise of such jurisdiction the Magistrate has to keep in view various factors as laid down in Lalaram case, which are..........
