Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be granted merely on the ground that co-accused had been granted bail that too without even noticing the facts in detail, particularly when accused were specifically named in the FIR - Bail granted to accused cancelled...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 467, 471, 120B -- Quashing of FIR - Civil dispute - Undergone a metamorphosis into a criminal dispute - Not to be scuttled at the threshold - Order quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Allegations against accused are of defrauding State - Matter cannot be settled between two private individuals i.e accused and complainant - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i) -- Bar u/s 195(1)(b)(i) Cr.P.C - Forgery - Forged documents were prepared outside the Court and same has been filed in judicial proceedings in a case pending in a Court - Bar u/s 195(1)(b)(i) Cr.P.C against registration of FIR filed u/s 156(3) Cr.P.C not applicable...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 - Quashing of FIR - There is no allegation in the FIR that owing to the alleged offensive post attributable to appellant, complainant was provoked to such an extent that he could indulge in disturbing the public peace or commit any other offence - FIR thus, lacks the necessary ingredients of the offence u/s 504 IPC -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court will not be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in the FIR or complaint...........
