Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - FIR lodged u/ss 419 and 420 IPC - Petitioner named in FIR as the main accused - Petitioner given liberty to surrender before trial Court in the anticipatory bail application filed by him - Instead of surrendering petitioner again filed application u/s 438 of the Code - Held, second..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of two hours from the time of receiving telephonic message - Sequence of facts narrated does not lead to an inference that there was delay in the registration of FIR or that it lacked spontaneity - It cannot be said that the time of two hours was used to falsely implicate the accused due to their previous enmity...........
Criminal Procedure Code, 1973, Section 154, 155, 156(3) -- FIR - Challenge as to - FIR can be challenged in rarest cases when it does not prima facie disclose the commission of a cognizable offence, or where there is legal bar to proceeding with the complaint/ FIR or if it is a case of no evidence or the evidence is wholly inadequate for proving the charge, or it is..........
Criminal Procedure Code, 1973, Section 154, 156(3), 200, 482 -- Grievance that FIR is not registered - Remedy lies u/s 36 & 154(3) Cr.P.C. before the concerned police officers, and if that is of no avail, u/s 156(3) Cr.P.C. or by filing a criminal complaint u/s 200 Cr.P.C. and not by filing a writ petition or a petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Wife got an FIR lodged u/ss 498-A and 406 IPC - Parties sorted their differences under settlement which was the result of free will and volition without there being undue influence or coercion - Held, no useful purpose will be served by proceeding further with the FIR and the proceedings arising..........
Indian Penal Code, 1860, Section 498A, 406 -- Compounding of offence - Wife got an FIR lodged u/ss 498-A and 406 IPC - Parties sorted their differences under settlement which was the result of free will and volition without there being undue influence or coercion - Held, no useful purpose will be served by proceeding further with the FIR and the proceedings arising..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appeal against dismissal of petition seeking compensation for death in a motor accident - Claimant did no more than filing FIR and charge-sheet against driver of offending vehicle - Tribunal felt it was insufficient to hold that a particular vehicle was involved in accident - Order of Tribunal set aside -..........
Criminal Procedure Code, 1973, Section 154 -- FIR delay - Occurrence took place at 6. a.m. and FIR lodged at 7.20 p.m. - Police station at a distance of 12 kms. - Deceased shifted to Civil Hospital from Primary Health Center where he died - ASI visited to Civil Hospital and returned and recorded the statement of wife of deceased - Held, it must be borne in mind that in a..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Accused four in numbers, armed with country made pistols, shouted at each other that deceased should be done away with - Appellant fired shot at deceased from near - All the four acquitted by the trial court - On appeal, High Court convicted appellant, though maintained acquittal of other three..........
Indian Penal Code, 1860, Section 302, 34 -- Prosecution allegation that accused persons, armed with country made pistol and lathis, entered the house of deceased, fired shot causing his death - Evidence that business rivalry existed between deceased and accused party - Accused had been holding threats to deceased and while running away, accused had passed within an arm's..........
