Criminal Procedure Code, 1973, Section 154 -- FIR - Timing of registration of FIR - DGP Punjab is directed to issue instructions that no FIR shall be registered showing time `00 hours to 00 hours' as regards any occurrence, unless of course occurrence actually takes place within that time i.e between 00.00 hours to 00.59 hours - However, if there are any cogent reasons, as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 328, 376D, 452, 120B -- Bail - Rape - As per FSL report spermatozoa not detected but final opinion of Doctor is still awaited - 6 PWs out of 23 PWs have already been examined including prosecutrix and that as on date petitioner has been in custody since last more than one year - Conclusion of..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482, 320 -- Rape - Quashing of FIR - Compromise - Complainant and petitioner have solemnized marriage and have amicably resolved their issues - Prosecutrix in her statement had categorically stated that matter stands compromised with accused with intervention of respectables and she got married to..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - While considering application for discharge or at the time of framing of charge, Court is only required to weigh material and evidence on record to find out whether prima facie case is made out against accused, which raises strong suspicion against him to have committed the offence and if it is found that..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea that wife is professionally qualified and is earning well - No document in support of such plea filed - Plea in absence of any supporting document, remains a disputed question and needs to be tested in trial - Order granting interim maintenance, upheld...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Preliminary inquiry before registration of FIR - Scope and ambit of preliminary inquiry being necessary before lodging FIR depends upon facts of each case - There is no set format or manner in which a preliminary inquiry is to be conducted - Objective of same is only to ensure that a criminal..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry before registration of FIR - Not mandatorily required to be conducted in all corruption cases - Any formal and informal collection of information disclosing a cognizable offence to the satisfaction of the person recoding FIR is sufficient...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact cannot be adjudicated upon by Court in exercise of power conferred u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 323, 504 -- Quashing of proceedings - Murder - Allegation that accused along with applicant poured kerosene oil on victim who sustained serious burn injuries and as a result she succumbed to death - From perusal of allegation made in FIR, statement of witnesses during investigation, charge..........
