Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - No satisfactory explanation has been given to explain the inordinate delay of 1 month and 26 days in lodging FIR - Prosecutrix stated that she told her husband about the incident after 2-3 days and her husband kept mum for more than one month as he was discussing the matter with his family - It is very..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Power of High Court - Petitioner wants to Register FIR or to hand over the investigation to vigilance bureau or some independent agency - Held, petitioner has alternative remedy to approach the Judicial Magistrate - Petition dismissed...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry Death - Abetment to suicide - Cruelty - Deceased dies by burning herself after 1 and 1/2 years of marriage - Death of deceased under u, natural circumstances - FIR coupled with statement of father of deceased and corroborated by uncle of the deceased established that deceased was harassed for bringing insufficient..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 120B -- Quashing of FIR - Cruelty and criminal Conspiracy - Investigation was carried out and two of the petitioner were found innocent - Police collected the evidence and filed the chargesheet - Held, When police has presented Challan U/s 173 Cr.P.C and trial court has also framed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 329, 420, 120B, 34 -- Quashing of FIR - Petitioner is being proceeded against for offence of forging and fabricating an injury on person of complainant in order to initiate a case under S.307 against other party - Prosecution relied on medico legal report of hospital which only indicates two..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and Criminal Proceedings - Mother of children/Petitioner is charged with kidnapping of own children - Children had gone with petitioner of their own free will, is evident from fact that during investigation of case, children made statements before police that they had accompanied their mother of their own free..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner without verifying the facts of application, had proceeded to change Girdawaris of land belonging to Gram Panchayat - Challan has already been prepared, which is likely to be presented - FIR cannot be quash...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Delay - Upon death, doctor sent a ruqqa to police post without any delay and incharge Police Post also conveyed message to police station within one hour - Delay in FIR fully explained and not fatal to prosecution case - Held, for relatives utmost priority was to save life of minor girl who was brutally injured with knife..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Proof - Deceased died an unnatural death by consuming poisonous substance within 7 years of marriage - FIR was recorded but no time, place and date of occurrence is mentioned regarding demand and only general demand has been made - Improvement regarding period of demand 15 days prior to death was made - Evidence shows..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 304A -- Appeal from Conviction - Death due to Rash and negligent driving - After accident the vehicle of accused was left at spot - Name of complainant was identified at spot and was mentioned in FIR - Accused had not explained as to how vehicle was found at spot after being involved in accident -..........
