Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Indian Penal Code, 1860, Section 354, 342, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Outraging modesty of woman - Time of alleged incident was mentioned at 1 pm in the FIR, whereas, brother of victim stated in his evidence that incident occurred sometime at around 10 am - Brother of victim did not utter a single sentence regarding alleged..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Petitioner is in judicial custody for 14 months - Investigation of case is complete and charge sheet has been laid - Petitioner is alleged to have been in possession of a commercial quantity of contraband and..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Cognizance of offence - Offence u/s 188 IPC - Complaint not filed by officer who had issued proclamation u/s 144 Cr.P.C - Therefore, trial Court could not have taken cognizance of charge-sheet indicating offence u/s 188 IPC - Since, the other offences could not be separated, as genesis of..........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........
Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - No material available on record in regard to commission of offence in question except statement of complainant that `they beat me' - There is not even a whisper that after the incident complainant went to a doctor or underwent any kind of treatment - Basic ingredients to constitute an offence u/s 323 IPC is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
