Recovery of money -- Police does not have power and authority to recover money or act as a civil Court for recovery of money...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Details and particulars not given as to when and on which date and place the threats were given - Without said details and particulars, allegations of threats etc. have been made only with an intent to activate police machinery for recovery of money - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement has been arrived at between complainants and 13 accused - Continuance of criminal proceedings would not be of any avail once the complainant has himself stated to withdraw the complaint - Their losses having been compensated, any further investigation or trial would be an exercise in..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegation of fraud and forgery - Intricate facts of case need to be investigated by police as this is not a case of such nature that complainant will be able to produce necessary documentary evidence in the case on his own - Court below committed error by dismissing the application - Order..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Arms Act, 1959, Section 30, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 30 of Arms Act - Cognizance of offence - Limitation - Offence u/s 30 of Arms Act being punishable upto 6 months imprisonment, therefore no Court can take cognizance after period of one year - In the instance case, arms licence of petitioner expired in Aug 2011 and he kept gun with him..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(n), 420, 406, 506 -- Summoning of additional accused - Rape case - Allegations levelled against proposed accused are general and vague in nature - Causal reference of their names without referring to the part specifically attributed to them by saying that they were supporting main accused,..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C - Magistrate is duty bound to elicit all facts, having regard to interest of complainant in absence of accused before he brings to book him for the accusations in the complaint - For forming an opinion to that effect, Magistrate may himself hold an inquiry u/s 202 Cr.P.C, or direct investigation to be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - General and vague allegations levelled against proposed accused - Causal reference of their names that they had connived with main accused already arraigned or by saying that beatings were extended by them at their behest..........
Criminal Procedure Code, 1973, Section 482 -- Court should not bring investigation to halt by restraining police from collecting evidence...........
