Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c) -- Contraband - FIR indeed does not disclose allegation of any import or export of transshipment of contraband - S.23 of the Act not applicable - Prosecution initiated against accused is not only illegal but perverse and liable to be vitiated - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Case can be registered for investigation by lodging FIR on receipt of information about commission of cognizable offence, even without conclusion of inquest proceedings initiated u/s 174 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Magistrate can order registration of FIR u/s 156(3) Cr.P.C during pendency of inquest proceedings before police...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code,1860, Section 506, 118 -- Compromise - Quashing of proceedings - Non compoundable offences - FIR and proceedings can be quashed in the facts and peculiar circumstances of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 12 kg 200 gms poppy husk - Mentioning of FIR number on consent memo or non-consent memo prepared at the spot - In the absence of any question put to I.O or Gazetted Officer that documents were not prepared by them at the spot, mere mentioning of FIR number in documents cannot be held to be..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Where the complaint contains material particulars, mere fact that Magistrate passed order directing registration of FIR without recording any reasons, that itself cannot be reason to set aside said order...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Allegations made in complaint are sufficient enough to make out a case for sexual harassment in work place or any other related offence - Complainant also produced script of messages sent by accused and it was produced as a document along with petition filed u/s 156(3) Cr.P.C - Complaint discloses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of FIR - Petitioner acted as a mediator for fixing of marriage by providing contact details of both parties to each other - Petitioner not related to any of the parties - Respondent No.1 in her supplementary statement, for the first time, stated that petitioner cheated them by exploiting her father..........
