Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bail granted as accused agreed/undertaken to pay amount to complainant - Anticipatory bail cancelled as undertaking not complied with - Since the amount in question is paid by accused to complainant as such impugned order set aside - Petitioners shall remain protected from arrest qua FIR...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay per se is not fatal but Court has to examine explanation furnished by prosecution for explaining delay...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - FIR lodged after one day of incident - However, distance of police station from spot is 10 kilometers - PWs have not shown any reason as to why they did not report matter to police without delay - Delay in lodging FIR not explained by prosecution...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - Mere delay in lodging FIR cannot be a ground to out rightly reject testimony of eye witnesses, but it would certainly put Court on its guard that testimony of eye witnesses has to be scrutinized with great care and caution...........
Criminal Procedure Code, 1973, Section 200 -- Negative report by police - Accepted by Court - Launching of complaint after 27 years - Complaint abuse of process of Court - Complaint dismissed...........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294 -- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of..........
Criminal Procedure Code, 1973, Section 340 -- False evidence - To proceed u/s 340 Cr.P.C. : (a) Court must record a finding to the effect that the person concerned has intentionally given false evidence; (b) Court should also be satisfied that in the interests of justice, it is expedient that such person be prosecuted; (c) Court may hold a preliminary inquiry to reach at..........
Criminal Procedure Code, 1973, Section 340, 125 -- False evidence - Proceedings u/s 125 Cr.P.C. - Giving false evidence by wife stated to be : (a) he and his family members got sex determination test for knowing fetus in womb either female or male child by astrologer etc. at the time of pregnancy of seven weeks some days; (b) mentioning of wrong or false date of Jat..........
Criminal Procedure Code, 1973, Section 340, 125 -- Application u/s 340 Cr.P.C in proceedings u/s 125 Cr.P.C - Appointment of amicus curiae - Mere fact that counsel representing wife in proceedings u/s 125 Cr.P.C appointed as amicus curiae for assistance to Court in decision of application u/s 340 Cr.P.C, would not debar Court from seeking inputs from him on question of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(VA) -- Quashing of FIR - Offence u/ss 323, 341, 427, 34 IPC, S.3(2)(VA) of SC/ST Act - Parties have already entered into compromise and resolved their dispute amicably - Complainant does not..........
