Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Allegation that false assurance was given by appellant and his father to complainant - However, ingredients of S.420 IPC not made out either from FIR or from any other material on record - In the FIR allegation of making assurance was made against father of accused -..........
Criminal Procedure Code, 1973, Section 357 -- Victim Compensation Scheme - Rape victim and her new born baby - Special diet is necessary for victim and for her new born baby - An amount of Rs.1 lac should be released immediately by State Legal Services Authority, so that immediate financial needs can be taken care of - Under the Victim Compensation Scheme, an amount of..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal attendance - Privilege u/s 205 Cr.P.C is exception to ordinary rule of attendance of accused in the course of trial - Such privilege is to be resorted to where offence does not involve mens rea and not in cases where public funds running to crores are allegedly misappropriated by using fraud and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 354A, 354B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Demand of dowry - Complaint discloses a prima facie case against accused persons - Order taking cognizance against accused rightly passed by Trial Court - High Court ought not to interfered in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting proposal of prosecution to cite..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Prison (Bombay Furlough and Parole) Rules, 1959, Rule 25, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Rejection of parole - Merely because under certain circumstances rule provides that prisoner is not entitled to parole leave, that does not amount to penal provision so as to contend that implementation of such provision would..........
Indian Penal Code, 1860, Section 420, 452, 467, 471, 379, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Stealing of cheques - Cheques dishonoured on 29.03.2017 and FIR lodged on 30.03.2017 - Complainant had knowledge that he shall be facing proceedings under the Negotiable Instruments Act - FIR quashed...........
