Criminal Procedure Code, 1973, Section 482 -- Quashing of F.I.R. - Exercise of power - Respondent had sought quashing of FIR - High Court, while disposing of petition has directed that no adverse or punitive action be taken against petitioner in pursuance of FIR till the instant petition is decided - Challenge thereto - Held, High Court while deciding petition filed u/s..........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Suicide - Abetment of - Death of wife in matrimonial home - Father of deceased in FIR stated that deceased was under influence of evil spirit and remained depressed and she was not bearing child and that allegations regarding cruel treatment were general - Trial Court acquitted accused - Appeal against acquittal filed by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Grant of - Bail sought on the ground that as offence is being tried by Magistrate, despite expiry of 60 days from the first date of evidence and without there being any fault on the part of petitioner evidence is not concluded - Held, looking into allegations..........
Indian Penal Code, 1860, Section 403,406,407,409,420,467,468,471,506, 120B, Criminal Procedure Code, 1973, Section 482 -- Blank cheque given - Offence of making fraudulent endorsements in the blank cheque - A holder of cheque in due course is entitled to fill in the blank cheque and present the same to bank for encashment - Offence of cheating, breach of trust,..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused arrested immediately after the incident with the blood stained 'Balkati' - Admitted to have assaulted the deceased in his statement u/s 313 Cr.P.C. and also admitted his arrest from the spot - FIR promptly lodged - Non mention of name of P.W.2 in FIR not fatal to prosecution case when testimony of witnesses inspires..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non mention of name of eye witnesses in the FIR - Not very material...........
Criminal Procedure Code, 1973, Section 482 -- Petition to quash FIR - Counter FIR lodged which is counter to complaint of dishonour of cheque, alleging misuse of cheque - Quashing of - Held, when a counter FIR in relation to alleged misuse of cheque(s) is filed after bouncing of the cheques and initiation of proceedings u/s 138 of the NI Act thereon by the person issuing..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 306 IPC - Compromise between parties - It enhances social amity and reduces friction - It truly is finest hour of justice - FIR quashed...........
Criminal Procedure Code, 1973, Section 155 -- Delay of 42 hours in sending FIR to Magistrate - Not fatal to prosecution when prosecution evidence in the shape of oral evidence of eye witnesses is consistent...........
Criminal Procedure Code, 1973, Section 157(1) -- Copy of FIR not sent to Magistrate - No explanation - Casts shadow on the case of prosecution - Lapse on the part of IO does not confer any benefit on the accused - However, case of prosecution may be seen with certain suspicion when examined with other contemporaneous circumstances involved in the case...........
