Criminal Procedure Code, 1973, Section 154 -- Non-registration of FIR by police - Police did not register FIR u/s 154 Cr.P.C, still it ventured to have roving inquiry into various aspects of the matter - In no circumstance, it can be said that police had no material to suspect the foul play and apprehension of commission of cognizable offence - Police however, remained..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Victim has no specific design behind prayer for referring the matter to CBI, hence same can only be an attempt to ensure discovery of truth, which is ultimate purpose of any investigation and who can do it better than CBI which will have all independence in facts of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 408, 467, 468, 471, 120B -- Bail - Cheating - Petitioner is involved in crime because she is mother of prime accused - Name of petitioner is not in the FIR - Only allegation against petitioner is that accused transferred Rs.17,624 to account of petitioner - Without commenting on merits of..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix narrated incident to her sister-in-law (Jethani) and mother-in-law but they did not believe the prosecutrix - Even, no other family members in her matrimonial home supported prosecutrix and therefore she sent message to her parental house and thereafter she..........
