Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 155(2), 2(d) -- Non-cognizable offence - Cognizance of offence - Where no FIR is lodged and only non-cognizable report is registered and Magistrate passed order u/s 155(2) Cr.P.C, investigation is conducted and charge sheet is submitted in respect of non-cognizable offence, then explanation to S.2(d) Cr.P.C does not attract -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394 -- Delay in lodging FIR - Offence u/s 394 IPC - Police chowki is barely 3 kms away from village as admitted by PW1 - Delay of 9 hours in lodging FIR is thus, fatal to prosecution case - Medical examination of informant after a delay of one and a half day also falsifies its story...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Contraband - Commercial quantity recovered from bag of co-accused - No contraband was recovered from petitioner - Petitioner named in FIR merely because he was sitting with co-accused in public bus - Merely travelling with co-accused from whose..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 354, 377, 34 -- Quashing of FIR - Compromise - Matrimonial dispute - No useful purpose will be served in continuing with the proceedings - FIR and proceedings emanating therefrom quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 154 -- Multiple FIR's - Of the same occurrence - Hit by doctrine of sameness and it has to be obliterated, as it would amount to violation of fundamental rights of a citizen - Impugned FIR cannot be sustained, hence quashed...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Successive FIR's not being a counter case, filed in connection with the same or connected cognizable offence cannot be sustained and not permissible under law...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
