Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court must ensure that criminal prosecution is not to be used as an instrument for harassing or for seeking private vendata or with ulterior motive to pressurize the accused - FIR mala fidely lodged because of political reasons - FIR quashed...........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Prosecutrix in her statement recorded u/s 161 Cr.P.C. did not support the allegations in FIR lodged by her husband - However, subsequently in her statement u/s 164 Cr.P.C. and in her additional statement u/s 161 Cr.P.C. and evidence before trial Court alleged that accused attempted to commit rape - Prosecutrix stated in..........
Indian Penal Code, 1860, Section 302, 323 -- Murder and voluntarily causing hurt - Conviction - Validity - Appellant alleged to have assaulted deceased with axe and caused her death and injuries to her son - Serious contradictions in statement of injured son - He failed to explain injuries even on his person - He not bothered to inform about incident to police or to any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 467 -- Quashing of FIR - Offence of forgery & criminal breach of trust - Averments in report u/s.173 CrPC that petitioner was a tenant of "A" with a right to sublet premises - Held, if petitioner has lawfully inducted a sub-tenant/tenants and had appropriated rent received by her, there..........
Indian Penal Code, 1860, Section 193 -- Rape and outraging modesty - Prosecutrix during trial denied the allegations contained in FIR though admitted her signature thereon - Direction of registration of case u/s 193 IPC against prosecutrix - During pendency of trial based on her FIR, prosecutrix was married and living happily married with two minor children - Held, in view..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Police must register an FIR if a cognizable offence is disclosed in the complaint...........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is not necessary that FIR must contain the name of an accused - Involvement of an accused can come to light after police records statements of witnesses and collect relevant materials...........
Encounter -- Investigation into encounter death must be done by an independent investigation agency - Secondly whenever a complaint is made against the police making out a case of culpable homicide, an FIR must be registered...........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's - Not permissible in respect of one and the same incident - Concept of sameness does not encompass filing of a counter FIR relating to the same or connected cognizable offence - The prohibition is regarding any further complaint by the same complainant and others against the same accused subsequent to the registration..........
Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 25 -- Quashing of FIR - Exercise of power - Held, ordinarily, Court would not entertain a request to quash FIR and/or investigation and/or proceedings at the behest of a person who is not available or does not make himself available or does not co-operate in process of investigation or in inquiry or..........
