Indian Penal Code, 1860, Section 376, 499, 506(2), Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Serious allegations made in the complaint - High Court committed error by quashing the proceedings even before investigation is completed by investigating agency - Order quashing FIR set aside...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - Specific averment in complaint that accused dishonestly induced complainant that amount would be repaid and cheque issued him would be honoured on presentation and that complainant paid them the amount believing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Mere delay in approaching Court of law by itself is not a ground for dismissing a case though it may be a relevant circumstance in reaching a final verdict...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Inordinate and unexplained delay in filing complaint regarding commission of an offence would certainly be a factor to be taken into account by Court in taking final decision in the case - But when complaint is not barred by limitation, it cannot be thrown out at threshold merely on the ground of undue..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Kidnapping and Murder - Circumstantial evidence - A1 has admitted that deceased was present with her till afternoon on the date of incident - Statement made by accused u/S.313, Cr.P.C., can be used as aid to lend credence..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 65B(4), Criminal Procedure Code, 1973, Section 313 -- Kidnapping and Murder - Circumstantial evidence - A1 claims that not visited Ghaziabad on date of incident, which is close to place where incident occurred - Mobile location records - No certificate u/S.65B(4) was issued - Held,..........
Criminal Procedure Code, 1973, Section 91, 233(3) -- Preparation and production of a document - Process cannot be issued directing a person to prepare a document and produce it - Process can only be issued for the production of any existing document or thing...........
Protection of Women From Domestic Violence Act, 2005, Section 20, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Declined u/s 20 of Act of 2005 - Magistrate cannot grant maintenance u/s 125 Cr.P.C. which was not pending before him as proceedings under the two Acts are independent proceedings - Grant of maintenance is without jurisdiction and wholly unjustified..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Application to discharge cannot be dismissed on the ground that earlier an application to quash prosecution was dismissed - Grounds for quashing a criminal proceeding and reasons for allowing or disallowing an application for discharge are completely different - Impugned order dismissing application to discharge set..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - When there is delay in registration of FIR, case of prosecution becomes doubtful and there are every chance of introduction of false and concocted story...........
