Indian Penal Code, 1860, Section 302,34, Evidence Act, 1872, Section 3 -- Chance witness - When witness figures as eyewitness in FIR, he cannot be categorized as chance witness...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Dismissal - Validity - Tribunal while rejecting claim petitions has found that FIR was registered on statement of injured eye witness-cum-claimant - In said FIR neither particulars of offending vehicle viz., kind, make, registration number etc. were given nor name of driver of said vehicle was mentioned -..........
Indian Penal Code, 1860, Section 147,148,302,149,34,307, Criminal Procedure Code, 1973, Section 437 -- Unlawful assembly and murder - Bail - Daylight double murder - Deceased were unarmed - Pre arranged plan - All accused were wielding firearms weapons with intention to commit murder of both deceased - Injuries inflicted on vital parts of body - Prompt lodging of FIR -..........
Criminal Procedure Code, 1973, Section 561A, Ranbir Penal Code, 1989, Section 376, 313, 420, 120B -- Second FIR - Held, there can be no second FIR in respect of same cognizable offence to the same incident and occurrence...........
Criminal Procedure Code, 1973, Section 169, 319 -- Additional accused - Summoning of - Application was filed u/s 319 Cr.P.C mentioning therein that Five persons named in First Information Report, but even then police had not filed challan against them - No objection or application was raised before Magistrate concerned at the time of filing of challan requesting to take..........
Criminal Procedure Code, 1973, Section 195,340,239, Indian Penal Code, 1860, Section 177,181,182,195 -- Offence u/s 177, 181, 182 and 195 IPC - FIR lodged by a private person - Plea that it can be lodged only by Court - Provision of S.195 Cr.P.C. is not applicable to offence u/s 195 IPC - Provisions of Ss.195 & 340 Cr.P.C. not applicable to offence u/ss 177 and 182 IPC -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Non-compoundable offence - Quashing sought on the basis of compromise entered into between the parties - Held, FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Honour killing - Two persons were killed - Bail allowed to co-accused allowed - Case of applicant not identical with case of co-accused as they were not named in FIR - FIR lodged on same day without delay - Applicant named in FIR - Version supported by witnesses -In view of allegation and gravity of offence, not a fit..........
Indian Penal Code, 1860, Section 302, 34, 157(1) - - Murder - Conviction - Sustainability - Copy of FIR was not sent to Illaqa Magistrate at all - No explanation has been brought on record for said lapse - Firstly the FIR was lodged in regard to assault given by tabbal but when post-mortem report came and no injury of tabbal was found version was changed and story of..........
Criminal Procedure Code, 1973, Section 210 -- Two separate trials for same offence - Permissibility - Criminal complaint and FIR - Two separate trials are pending in respect of same offence in two different Courts on the basis of criminal compliant and FIR - Held, since FIR was got lodged on 25.09.2010 Magistrate has erred in law in proceeding with the complaint - As such..........
