Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petitioners not named as accused in crime - Petitioners cannot be permitted to ask for quashing of proceedings concerning some other persons (accused)...........
Criminal Procedure Code, 1973, Section 107, 116, 111 -- Notice u/ss 107, 116, 111 Cr.P.C - Notice issued by SDM mechanically in printed proforma - Information received not given - Notice is vague, which does not fulfill the requirement of S.111 Cr.P.C. - Notice quashed...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Evidentiary value - Final report itself cannot be termed as a substantive piece of evidence being nothing but a collective opinion of I.O...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Conducting or not conducting preliminary inquiry is the domain of I.O on which basis FIR cannot be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Appraisal of evidence is not permissible in proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 494, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Disputed questions of fact arising in case cannot be adjudicated upon in an application u/s 482 Cr.P.C - Application for quashing dismissed...........
Criminal Procedure Code, 1973, Section 372 -- (prior to amendment) - Appeal against acquittal - Appeal filed after 14 years of judgment of acquittal and even after 7 years of amendment having been enforced - Prior to amendment in S.372 Cr.P.C, only State Government could have filed appeal that too along with an application for granting leave to appeal - Appeal not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Appraisal of evidence is not permissible in proceedings u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 363, 376D, 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Kidnapping and rape - Discharge - Police investigated the matter and recorded the statement of witnesses including victim and after collection of evidence and conclusion of investigation submitted charge sheet..........
