Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376(2)(n), (f) -- Discharge - Rape - Victim specifically stated that accused subjected her to repeated sexual intercourse on the promise of marriage and thereafter retracted therefrom - Consent if any given by victim is vitiated as dealt u/s 90 IPC - Prosecution materials prima facie show..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149 -- Murder - Accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency - As the version of eye witnesses in specifically naming the appellants have been consistent throughout the trial - The principle of `falsus in uno, falsus in omnibus' does not..........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No cognizance can be taken by Magistrate in view of S.198 Cr.P.C, for an offence punishable under Chapter XX IPC except upon a complaint made by some person aggrieved by offence - But it does not include police report u/s 173(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34 -- Cheating - If intent on the face of it is absent qua one of the offences in the same transaction, it is absent in respect of the other offences as well...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - S.174-A IPC is an independent, substantive offence, that can continue even if the proclamation u/s 82, Cr.P.C. is extinguished - It is a stand-alone offence...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - Appellant has been acquitted in proceedings u/s 138 of N.I. Act - Money subject matter of dispute stands paid - All criminal proceedings, inclusive of FIR u/s 174-A IPC, shall stand closed - Appellant's status,..........
