Criminal Procedure Code, 1973, Section 154 -- FIR - Registration of FIR is mandatory, if information discloses commission of cognizable offence...........
Criminal Procedure Code, 1973, Section 156(3), 154 -- Complaint disclosing cognizable offence - Same not registered - Complainant approached High Court by way of Writ Petition, which was dismissed - Registration of FIR is mandatory if information discloses commission of cognizable offence - Complaint submitted by appellant to concerned respondents discloses commission of..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Allegation that abusive language was used by accused - However, what exactly was uttered in the form of abuses is not stated in the FIR - Offence u/s 504 IPC not made out - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Indian Penal Code, 1860, Section 376, 377, 313, 406, 506 -- Rape - Informant admitted of lodging FIR by falsely making serious allegations of rape to pressurize accused and/or to settle score - FIR quashed - Cost of Rs.10,000/- imposed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Age - Radiologist stated that victim was more than fifteen years and less than sixteen years - School admission register mentioned 18.05.2005 as date of birth and FIR logged on 05.10.2017 - Prosecution established victim was minor at time of commission of..........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
