Criminal Procedure Code, 1973, Section 360, 401 -- Penal Code, 1860, Section 382 - Conviction - Revision against - The petitioner arrested after four months of incident - Was found to be in possession of stolen property with the knowledge that same was stolen - Held that both the Courts below fell in error in appreciating the evidence available on the record and the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Part payment made or that the cheque is for discharge of liability or debt - These are questions of fact which trial Court has to decide after recording evidence - No ground to quash the complaint under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 13(1)(2)(c) - Quashing of FIR - Entire stress of respondent No.2 in her allegations was that her right in the property No.2616 consisting of three shops had been illegally sold at her back by lady Dr.Astar Dass in connivance with the petitioner No.1, who had purchased this property in..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 446, 498-A and 506 - FIR - Petition for quashing - No specific allegation that any item of dowry was entrusted to the petitioners at Samalkka and within the jurisdiction of the Court at Panipat - Similarly there is no specific allegation that there was any demand by the complainant made to the..........
Criminal Procedure Code, 1973, Section 401 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8 - Possession of Diazepam - Trial Court discharging respondent - Since there was no specific prohibition under the Narcotic Drugs and Psychotropic Substances Act and the Rules, the possession of diazepam held would not be an offence. The trial Court held to have..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 24 - Sample - Once the accused is deprived of his right of getting the sample analyzed in accordance with the provisions of the Act, such default shall prove fatal to the case of the complainant...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings under Section 145 - Petition for quashing - When a Civil litigation is pending for the property wherein the question of possession is involved and adjudicated, initiation of Criminal Proceedings under Section 145 Cr.P.C would not be justified. (Pare 14)..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - the accused in a drunken condition - Coming to the place of deceased - Infuriated due the barking of dog of the deceased and started hurling abuses to the deceased - In a fit of rage causing one blow to the deceased with Gatra Kirpan which he was already having - Held that it is clearly proved..........
Indian Penal Code, 1860, Section 376, 506 - - Appeal against conviction - Rape - In order to constitute the offence of rape penetration of male organ in the vulva of the vagina of the prosecutrix is a condition sine qua non. In view of the definition of rape contained in Section 375 of Indian Penal Code there is hardly any need to refer to the foreign law on the subject...........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 7 - FIR - Petition for quashing - Application of provisions of Section 197, CrPC - Failure to investigate the case fairly and squarely is abandonment of his duty by a police officer - If for abandoning that duty he demands illegal gratification and he gets it, he commits an offence..........
