Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Allegations in FIR is matter of investigation - Finding in respect thereof cannot be recorded at this stage - FIR cannot be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Allegation in FIR constituting prima facie case -- FIR cannot be quashed...........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of I.O - I.O had cross-examined in detailed - Contention of petitioner that his advocate failed to cross-examine I.O in respect of button of shirt at the instance of petitioner, is not tenable, as it will amount to fill up lacuna in his defence - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 357A, 357 -- Victim compensation scheme - Where compensation awarded u/s 357 Cr.P.C is not adequate, then Court has power to recommend for additional compensation to victim - However, Trial Court/Special Court has to recommend State or District Legal Services Authority to decide and award compensation in accordance with relevant rules..........
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A -- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complainant not cross examined despite providing opportunities - Petitioner provided an opportunity, in the interest of justice, to cross examine complainant subject to payment of costs of Rs.10,000/-...........
