Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 482 -- Writ - Mandamus - MPLANDS - Embezzlement of funds - Proper remedy in such case is to file a complaint before concerned SHO of Police Station in terms of S.154 of Cr.P.C. and if Police is not registering FIR, is to approach S.P. u/S.154(3) Cr.P.C. or other police officer referred in..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Delayed FIR - Delay of 36 hours in lodging FIR - Offence u/ss 364, 377, 302, 201, 34 IPC - Complainant is an illiterate person of rural background - Marriage of two elder sons was fixed on next day of incident - Moreover, village of complainant is 15 kilometers away from..........
Indian Railway Commercial Manual -- Volume I, Regulation 649 - Deceased had valid reserved ticket which was valid only for Express Train, which shows his bona fide as passenger - Deceased missed Express Train, he tried to board the passenger train from Railway Station to reach destination - Held, deceased was bona fide passenger to Railways, though for some other train...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Property dispute - Identity of accused - Place of occurrence at a distance of 300 sq. yds from concerned Police station, as per FIR - However, it is no where stated that eye witnesses to incident had seen the occurrence from a distance of 300 sq. yds. - Plea that it was impossible for witnesses to see occurrence clearly..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of first informant/chowkidar - Defence not elicited either the number and time of station diary entry nor time when chowkidar allegedly gave information whose substance was entered in some station diary entry - Name of chowkidar even not elicited - In such situation it was not possible to examine..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Murder case - PW1 went to police station immediately after the incident - At that time deceased was missing - Police officer after noting down the statement of PW1, sent a police team to place of occurrence to trace the deceased - Recording of said statement cannot be equated with FIR - Evidence on record revealed..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR recorded in a continuous manner without leaving any possibility of insertion - Contention that FIR was written at police station in consultation with police and deliberate gaps were left in FIR with a motive to fill the same at a later point of time, rejected,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false cases and accusation by wife - Making false allegation about demand of dowry and frequently calling police at the drop of hat and making entire family of husband to make rounds of police station and remain under fear of being implicated in a criminal case, are sufficient to prove mental..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction to prosecute - Allegation of police excess while arresting complainant - Complainant by using dangerous weapon inflicted injury on forehead of journalist - When accused/police officer tried to arrest him he used same weapon for inflicting injuries on accused - Injuries were caused to complainant during..........
Indian Penal Code, 1860, Section 376, 368, 109, Immoral Traffic (Prevention) Act, 1956, Section 4 -- Immoral activities - Raid at Kotha (Brothel) - PWs gave conflicting version as to how many girls were recovered from said kotha - Statements of girls recovered from kotha were not recorded and they were directly taken to Police Station - None of the rescued girls lodged any..........
