Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction to conduct further investigation even after filing of charge-sheet and commencement of trial is permissible in law...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Charge sheet received by Special Judge and an endorsement made `check and then put up' on 24.01.2024 - It is incumbent on part of investigating agency to file final report within a period of 60 days from the date of receipt of information as per..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction to conduct further investigation even after filing of charge sheet and commencement of trial is permissible in law...........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days for filing charge sheet expired - However, application for extension of time was filed on 180th day while the application for default bail was filed after two days i.e on 182nd day - Both the application decided on the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - To summon someone as an additional accused who has either been dropped from the charge sheet or never an accused at any point in time, requires evidence that is necessary for drawing up as an accused at the time of filing of charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Non-filing of FSL report along with charge sheet is not sufficient to arrive at the conclusion that charge sheet filed was incomplete - Said report can be filed by way of a supplementary charge sheet and in any case, FSL report is only a corroborative piece of evidence - Application for default bail rejected...........
