Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 188, 166 -- Sanction for prosecution - Dereliction of duty by not registering the FIR in time on the basis of complaints forwarded by Court u/s 156(3) Cr.P.C. - Order taking cognizance is illegal in absence of prior prosecution sanction...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 406 IPC - Quashing of FIR - Dispute between parties amicably resolved vide Memorandum of Understanding - Misunderstanding, which led to registration of FIR in question, stands cleared between parties - Continuation of proceedings would be an exercise in futility - FIR qua..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 2(d) -- Cheating - FIR registered by Inspector of Police attached to Lokayukta Police Station on the basis of facts published in the newspaper - An inspector of police who is on deputation to Lokayukta has got every power u/s 2(d)..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in the statement of PW10 -..........
Indian Penal Code, 1860, Section 364, 302, 201, Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Conviction u/s 302 IPC reversed by High Court as (i) Motive not proved; (ii) Presence of eye-witnesses appeared to be matter of chance; (iii) FIR reached the jurisdictional Magistrate after delay of two days - No interference warranted...........
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Non-association of independent witness - Official witnesses had sufficient time to associate independent witnesses but no sincere efforts were made by police to associate the same - Plea that no independent witness was available..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. for further investigation - Dismissal of application - Declining of application, would not affect merits of controversy nor would it reflect veracity of allegations made by complainant in FIR which is subsequently lodged...........
Constitution of India, 1950, Article 142, Indian Penal Code, 1860, Section 364 -- Quashing of FIR - Offence u/s 364 IPC - Accused abducted minor daughter of complainant and married her - When matter reached Supreme Court, by then two children were born to couple - Even, father of girl granted consent and approval to marriage of couple - In order to do complete justice, FIR..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Plea of fraud - If a party so chooses to file his pleadings and believes that mere reference to lodging FIR was sufficient without detailing various acts of fraud, then, it would be considered as inadequate pleadings and defendant cannot allow to bolster up his own pleadings by amendment later...........
