Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - Absence of checking firing pin - Without such checking it cannot be ascertained that a shot could be fired - Weapon cannot be stated to be a firearm in working condition...........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - Recovery of weapon of offence - Test firing is not required where weapon has been examined and found to be in working condition...........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Impleadment of additional accused - No additional accused can be impleaded subsequent to filing of a complaint once the limitation prescribed for taking of cognizance of offence u/s 142 of the Act has expired...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 -- Preliminary assessment - JJB held accused as minor - Appreciation of evidence - JJB passed order u/s 15 on basis of reports including social investigation report which clearly indicated accused was overall a minor at time of commission of offence - Further, assessment was done on the basis of..........
Protection of Children from Sexual Offences Act, 2012, Section 42 -- Offence under POCSO Act and IPC - S.42 of POCSO Act, would make it clear that when the alleged acts or omissions constitute offence both under IPC and POCSO Act then, the law which prescribes the punishment of greater degree would have to be applied...........
