Showing : 1471-1480 of 14785 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409-- Quashing of FIR - Misappropriation of files - Files were not entrusted to petitioner as per investigation by I.O - It is positive case of I.O that charge was not handed over to petitioner at the time of posting and files were not handed over - Petitioner therefore, not liable for misappropriation..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26-- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new fact - Material..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during cross-examination, as he..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Testimony of prosecutrix cogent, cohesive and consistent - Evidence of sexual assault is substantiated by medical evidence - Injuries on genitals of prosecutrix points to the use of force - Had it been consensual, necessity of force would not have arisen - Prosecution proved its case beyond..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366-- Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366-- Quashing of proceedings - Kidnapping - Parties are married for past 8 years and blessed with four children - Informant accepted the said marriage and does not wish to prosecute the case founded on FIR lodged by her - Looking to stand taken by informant, permitting prosecution to continue would be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500-- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed before him -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500-- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the complaint against..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34-- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning of additional..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Offence u/s 406 IPC - Matter is of a civil nature involving question of accounting, which can be decided by evidence of parties - Magistrate mechanically summoned applicant without appreciating procedure of law - Dragging matter before criminal Court is nothing but abuse of..........

Showing : 1471-1480 of 14785 Results