Criminal Procedure Code, 1973, Section 177, 178, 182 -- Cheating and forgery - Lack of territorial jurisdiction - Quashing of FIR - Agreement in dispute executed at place `K' - No averments in complaint that said agreement has been prepared and executed at place `J' - Merely on the ground that alleged property in respect of agreement is situated at place `J', matter cannot..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in filing of FIR - Offence took place at 4 pm and FIR was lodged at around 11 pm - After the offence injured (now deceased) was taken to a hospital for medical attention which was 11 km away - Then he was taken to military hospital - Therefore, lodging of FIR in instant..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Misappropriation of dowry articles - Quashing of FIR - No specific allegation regarding cruelty in the FIR against petitioners unmarried sisters-i, law of complainant - Nor there is any specific allegation as to what dowry articles were entrusted to which of petitioners - Petitioners are not going to gain from the..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - FIR was promptly lodged and injuries on person of deceased also shows use of more than one firearm injuries - Even, recovery of weapons from accused persons completely proved on record - Moreover, certain inconsistencies in version of eye-witness does..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR - When no allegation has been made against any person in FIR and none was named in FIR, delay in lodging FIR has absolutely no relevance...........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Quashing of FIR - Matrimonial dispute - It is common in matrimonial disputes that parties and their relatives try to settle the matter, avoid lodging FIR so that relations are not strained - However, as a last resort when matter is not solved, FIR is lodged - FIR not quashed solely on the ground of delay...........
Indian Penal Code, 1860, Section 498A, 323, 506, 34 -- Offence u/ss 498-A, 323, 506, 34 IPC - Quashing of FIR against relatives of husband - Prima facie allegations are made against relatives of husband in FIR and in the police statement by witnesses for demand of dowry and harassment - Quashing of FIR at the initial stage is not appropriate, as triable case is made..........
Indian Penal Code, 1860, Section 363, 506 -- Kidnapping - Reduction of sentence - Lenient view - Appellant has no criminal background and is facing agony of trial since lodging of FIR and has undergone actual custody for a period of 10 months - More so, no minimum sentence is provided for offence committed u/s 363 IPC - Sentence reduced to period already undergone with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 482 -- Recovery of 5 kgs opium - Framing of charge by trial Court - Quashing of FIR - FIR clearly discloses commission of cognizable offence raising triable issues against petitioners - Prima facie case against petitioners made out u/s 18 of the Act - Trial Court..........
Indian Penal Code, 1860, Section 325, 447 -- Offence u/ss 325, 447 IPC - Mere fact that accused was not named in FIR would not entitle him to an acquittal when his guilt has been established beyond reasonable doubt by evidence on record - Conviction upheld...........
