Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation - S.173(8) Cr.P.C operates only after the final report is produced before the court - From the stage of registration of FIR up to the stage of filing of final report before the court, it is the domain of the Investigation Agency to investigate a matter in accordance with law without any judicial interference...........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Offence under SC/ST Act - Judicial Magistrate has no jurisdiction to entertain a petition u/s 156(3) Cr.P.C in so far as it relates to offences under SC/ST Act, either for issuing directions for investigation or for taking cognizance - Exclusive jurisdiction to try offences under SC/ST Act is..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Enquiry - R.7 of Rules mandates that investigation into offence under the Act shall be conducted by police officer not below the rank of Deputy Superintendent of Police (DSP)..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(v) - Anticipatory bail - Rape - Investigation of case stands completed and accused joined..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Suit for damages -- Bank Negligence - Encashment of cheques containing forged signatures of plaintiffs - Auditor of plaintiff testified that the signatures on the cheques were forged and bank was negligent in encashing the same - Further, investigation report of vigilance officer of bank established that neither signatures on the disputed cheques was similar to the..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Investigation - SHO of police station has no authority to investigate non-cognizable offence and file final report or charge sheet unless Magistrate permits him for such investigation...........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Magistrate has passed an order on requisition submitted by SHO of Police Station by writing the words as I.O. is directed to conduct investigation - Said endorsement on requisition submitted by Police Officer is not a judicious order having applied its mind and there is no application of..........
