Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - Clash between two political groups - 50 accused were named in the occurrence - Various complaints were lodged and suppressed by prosecution - There are enormous doubts in respect of present compliant - Moreover, where village is factious, witnesses are partisan and there are too many number of accused as 50, when..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 300 -- Murder - Delay of 14-15 days in lodging FIR - Complainant being a helpless, illiterate villager, not understanding importance of setting law in motion by lodging FIR - After recovering from pain and grief due to death of his daughter, went to police station and came to know that no..........
Criminal Procedure Code, 1973, Section 198(1) -- S.198(1) Cr.P.C. bars taking cognizance of an offence punishable under Chapter XX IPC upon a police report - Such bar cannot bypass by simply adding a cognizable offence in the FIR and the charge sheet without any basis...........
Indian Penal Code, 1860, Section 420 -- Cheating - There is no delivery of any property or involvement of any valuable security - Even no such allegation in the FIR or in any other paper in the case records - Offence u/s 420 IPC not attracted...........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - Petition has merely levelled allegations of corruption on basis of information collected by him without there being any material to substantiate allegations - No document has been placed on record indicating, prima facie, that circumstances warrant direction..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - CBI Manual - Petitioner having not approached any authority as per provision of S.154(1) or S.154(2) Cr.P.C.; no specific material having been made available indicative of culpability of person named in petition; no, applicability of S.39 of Cr.P.C. in case;..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34, 386, 365, 212 -- Anticipatory bail - Offence u/ss 306, 34, 386, 365, 212 IPC - Petitioner named in the FIR - Overt act attributed to petitioner - Nature and gravity of the offences in question, shows that it was not a fit case where petitioner is entitled to benefit of anticipatory bail -..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all circumstances police has to..........
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Quashing of FIR - Allegation against applicant No.5/sister of father-i, law of complainant - Except omnibus and vague allegations, no specific overt act ascribed to applicant No.5 - Applicant No.5 residing separately - Allegations of harassment due to no,..........
