Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Setting aside summoning order - Quashing of order - Money spent on engagement - No evidence of giving Rs.1,00,000 to accused - Further no evidence that at the time of making payment to accused there was dishonest intention on the part of accused, which is necessary for offence of..........
Criminal Procedure Code, 1973, Section 154, 173(8) -- Second FIR - Plea that there should be further investigation and not second FIR - Both the appellants furnished wrong information to police as to their names, father's name and address during course of investigation made on the first FIR - Second FIR registered u/ss 419, 420 IPC - Offences under second FIR committed..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - Accused formed an unlawful assembly and in furtherance of common object lunched an indiscriminate assault on two injured - Few injuries caused to injured persons were grievous in nature - Medical Officer who conducting examination opined that injuries caused to one of injured were dangerous to..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Charge sheet filed on the sole basis of routine quarrel between husband and wife, which cannot be said to be justified - No whisper in dying declaration of deceased that she was ever treated with cruelty to the extent that she was having..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of FIR - Compounding of offence - Offence u/ss 498-A, 406, 34 IPC - Matter mutually and amicably settled between parties and complainant is no longer interested in supporting prosecution as chances of success in the matter are now greatly diminished - As matter is..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 353, 186, 294, 323, 506 -- Offence u/ss 353, 186, 294, 323, 506 IPC - Compromise - Quashing of FIR - Public servant when lodges an FIR regarding assault raised upon him while he was performing his official duty, he loses locus standi to enter into compromise with accused - Petition dismissed...........
Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Theft - Quashing of FIR - Financier repossessed vehicle as there was default in repayment of loan - No criminal action can be taken against financier - FIR quashed...........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Offence u/ss 304-B, 498-A, 201 IPC - Accused acquitted viz. (i) Shoddy, casual, laconical and insensitive investigation conducted by police; (ii) diary of deceased though seized, had not been produced at trial; (iii) evidence of relative of deceased who had opined that dead body was not that of..........
Criminal Procedure Code, 1973, Section 205 -- Private complaint - Exemption from personal appearance - Offence u/ss 420, 406, 34 IPC - Appellants were not residents of place at `M' where proceedings were going on and it was very costly and extremely inconvenient for appellants to appear personally on each date of case - More so, appellants are ready and willing to deposit..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/s 302 IPC and Ss.25, 27, 30 of Arms Act - Presence of accused at the spot not disputed as he sustained bullet injuries in his hand - Accused facing trial u/s 302 IPC for which punishment is life imprisonment or death - Granting bail is thus, barred u/s 437 Cr.P.C - This type of concession..........
