Criminal Procedure Code, 1973, Section 154 -- FIR - Accused contended that police came on the spot prior to registering the case, thus FIR is to be treated as statement recorded during investigation u/s 161 Cr.P.C. - However, defence is justified in his contention but that itself would not harm the case of prosecution as deceased was a political leader and information must..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Bail - Offence u/ss 307, 332, 353 IPC and S.3/25 Arms Act and S.3 of PDPP Act - Criminal conspiracy between a political leader and accused persons who are senior police officers, to eliminate deceased by showing a fake encounter - Most of accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Dowry death - Further investigation - Charge-sheet filed after 3 years - Quashing of order taking cognizance - Investigation against petitioners kept pending u/s 173(8) Cr.P.C. - Charge sheet failed after a lapse of three years - No material was collected before filing of charge sheet - Even interrogation was not made..........
Criminal Procedure Code, 1973, Section 173(2), 397, 398, 399, 400, 401 -- Police report - Magistrate went through the entire records of case not limiting to police report and passed a reasoned order that it is not fit case to take cognizance for purpose of issuing process - Unless order passed by Magistrate is perverse or view taken by Court is wholly unreasonable,..........
Criminal Procedure Code, 1973, Section 167(2), 173(2) -- Default bail - Filing of police report containing particulars mentioned u/s 173(2) Cr.P.C. amounted to completion of filing of report - Contention that police report filed is not as per legal requirement u/s 173(2) & (5) of Cr.P.C. which entitled him for default bail is rightly rejected by the High Court and does not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 120B -- Quashing of FIR - Cruelty and criminal Conspiracy - Investigation was carried out and two of the petitioner were found innocent - Police collected the evidence and filed the chargesheet - Held, When police has presented Challan U/s 173 Cr.P.C and trial court has also framed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and Criminal Proceedings - Mother of children/Petitioner is charged with kidnapping of own children - Children had gone with petitioner of their own free will, is evident from fact that during investigation of case, children made statements before police that they had accompanied their mother of their own free..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Death in accident - Direction sought to hand over the investigation to CBI - From the gist of investigation and by filing affidavits by senior officers of police, it cannot be said that police is not investigating the case properly or conniving with culprits - Two suspicious persons..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Delay - Upon death, doctor sent a ruqqa to police post without any delay and incharge Police Post also conveyed message to police station within one hour - Delay in FIR fully explained and not fatal to prosecution case - Held, for relatives utmost priority was to save life of minor girl who was brutally injured with knife..........
