Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of FIR - Narcotic drug recovered from co-accused - No prima facie evidence of involvement of petitioner in the incident - In the absence of any corroborative evidence, petitioner cannot be held to be involved in the incident merely on the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Accused arrested on the basis of information provided by co-accused - Contraband was recovered from co-accused - No evidence on record even prima facie showing involvement of accused in any manner in the incident - I.O. did not take any evidence in furtherance of the received information -..........
Indian Penal Code, 1860, Section 188, 34, Criminal Procedure Code, 1973, Section 195(1) -- Offence u/ss 188, 34 IPC - No complaint in writing by concerned Public Servant moved as required u/s 195(1) Cr.P.C. - FIR quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegation that wife attempted to commit suicide by putting herself on fire because husband received call from his mother - However, no evidence on record that said serious incident was reported to police - Conduct of husband and his family members also strange..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Compromise - Quashing of FIR - Dispute between parties amicably settled - Complainant does not want to pursue the case against petitioner - Offence u/s 420 IPC along with proceedings emanating thereto, quashed - Petition allowed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by hanging - Delay in lodging FIR properly explained - No specific allegation of harassment of deceased by accused, much less harassment involving physical or mental torture by positive acts - Prosecution failed to establish that demands made by accused had a reasonable connection with death of deceased - No evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 313.250 kg ganja - Search and seizure not conducted complying with the provisions of law - Delay in lodging FIR - Seizure of ganja was not proved as ten packets of ganja recovered from the possession of accused but it is impossible for accused to carry 10 packets of 15 kg. each in his..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Need not contain every single detail and every part of prosecution case...........
Indian Penal Code, 1860, Section 302, 34 -- Murder of 90 years old person - Sole eye witness - Deceased was repeatedly crushed under wheels of tractor while he had gone to ease himself along with PW1 - At the spot, a lathi, a lota and chappal were found which lends support to prosecution case - FIR lodged promptly - PW1 is completely trustworthy and natural witness whose..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non-disclosure of name of accused in FIR - Though accused is not named in FIR but if definite role is attributed to him and same is proved beyond reasonable doubt, he is liable to be convicted...........