Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While examining a complaint, quashing of which is sought, Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR or in complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Courts would not thwart any investigation - It is only in cases where no cognizable offence of any kind is disclosed in the FIR that Court will not permit an investigation to go on...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295A, 505, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(I)(V) -- Anticipatory bail - Offence u/ss 153-A, 295-A, 505 IPC and S.3(I)(V) of SC/ST Act - Prima facie evidence is on record that Facebook posts were uploaded by petitioner are not only..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - General allegation of surcharged atmosphere is not sufficient - Apprehension of not getting a fair and impartial trial cannot be founded on certain grievances or convenience of accused, but reasons have to be more compelling than that...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - Petitioners sought transfer of case from State of Punjab to any other State - Few instances mentioned by petitioners may suggest heightened feelings amongst different groups but they do not call for transfer of proceedings to another State - Moreover, it..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Application for bail - Murder - Considering that petitioners have been in custody for a long period of 3 years and trial nowhere near conclusion - It results into punishment of sentence of imprisonment without them having been convicted - Therefore, petitioners are liable to be admitted on..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
