Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - Applicants not named in FIR - He has clean antecedents - Applicant is in jail since 12.3.2020 - They are ready to cooperate with process of law and shall faithfully make themselves available before Court whenever required - There is no likelihood of early conclusion of..........
Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Criminal Procedure Code, 1973, Section 154, 177, 178 -- FIR - Registration of FIR is mandated when information of cognizable offence is received - At the stage of investigation, it cannot be said that concerned police station does not have territorial jurisdiction to investigate the case...........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Complaint u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Complaint not supported by an affidavit affirming allegations raised in complaint as being true and correct - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, Information Technology Act, 2000, Section 66D -- Cheating - Settlement - Quashing of FIR - Dispute was regarding parcel of land which complainant had purchased by registered sale deed - Settlement arrived at between parties - Dispute is private and personal in nature - Continuance of proceedings would lead to wastage of precious..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 354, 34 -- Quashing of proceedings - Offence u/ss 498-A, 323, 506, 354, 34 IPC - Allegations of cruelty against wife as well as criminal intimidation apart from assault on women to outrage her modesty and voluntarily causing hurt - Offences are serious in nature - Prima facie case..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 384, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Offence u/ss 354, 354-A, 384, 120-B IPC and S.8 of POCSO Act - Victim was 13 years old at the time of incident and she herself registered the FIR at the age of 16 - Accused including..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Chassis number mentioned in FIR tallies with chassis number mentioned in registration certificate - No other person claimed vehicle in question except petitioner - No fruitful purpose will be served if vehicle is kept at police station - Vehicle released in favour of petitioner...........
