Criminal Procedure Code, 1973, Section 173(2) -- Final report - Police filed final report stating that no offence is made out against accused - Directions issued by Magistrate directing police to file charge sheet is thus, unsustainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Absence of specific allegations how the petitioners participated in the day to day affairs of the company and they are in charge and responsible to the company for the conduct of business - When there is bald and vague allegations, it is not sufficient to make out a..........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Criminal Procedure Code, 1973, Section 155, 156, 157 -- Investigation - Police can investigate a no, cognizable offence along with cognizable offence and can file charge sheet even for an offence of which cognizance can be taken by Court only on complaint of an aggrieved person or competent authority...........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Police charge sheet can be treated as a compliant and police officer can be treated as complainant...........
Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13 -- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Criminal Procedure Code, 1973, Section 154 -- Five FIRs for same occurrence and on the very same set of allegations - Witnesses u/s 161 Cr.P.C. also one and the same in all charge sheets - Registration of five FIR's for very same occurrence, not permissible - Entire proceedings vitiated and liable to be quashed...........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Fraudulent transfer of property - Charge on property - Husband even if suffered imprisonment for non payment of maintenance, it does not relieve him from obligation to pay maintenance - No evidence to prove fraudulent transfer of property - Even otherwise transfer of property will not affect the right of wife to..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed u/s 306 IPC - Complainant or State did not challenge that charge - Satisfaction of trial Court qua charge attained finality - Mere allegation of complainant that his son is murdered is not sufficient to frame charge u/s 302 IPC, in absence of any other..........
