Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 511, 376 -- Delay in lodging FIR - Offence u/ss 354, 511, 376 IPC - Husband of prosecutrix was staying far from prosecutrix - Subsequent to incident, prosecutrix first travelled to meet her husband and after narrating the incident to him, she further travelled to register a complaint before..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Compromise - FIR u/s 307 IPC - Injury not caused to anyone in the incident - Even offence u/s 307 IPC can be quashed on the basis of compromise...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - S.320 Cr.P.C not only provides for compounding during trial but permits compounding even at appellate or revisional stage...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Meticulous analysis of facts and evidence for filing charge sheet or not cannot be gone into in proceedings u/s 482 Cr.P.C, as charge sheet is filed on basis of evidence collected by I.O...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354 -- Quashing of charge sheet - Outraging modesty of woman - Accusation of molestation by complainant against accused, who is real brother of her deceased husband - I.O submitted charge sheet and Magistrate applied its legal mind and thereby took cognizance u/s 354 IPC which was substantiated by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 304B, 34 -- Bail - Offence u/ss 302, 498-A, 304-B, 34 IPC - Deceased died because of hanging after more than 5 years of marriage - Postmortem report nowhere indicates any injury on her person, which is sufficient to establish that she died because of hanging - Even, attached medical..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be marked as additional evidence are not new documents - By marking of these documents, nature or course of case will not be altered - Documents have not been produced before trial Court due to inefficiency or inadvertence of person who conducted the case -..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Question of title and consequent entitlement is not required to be adjudicated upon in proceedings u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Cannot be used as a tool to get possession of land on basis of title...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C are subservient to adjudication by civil Court - If civil suit is pending, Executive Magistrate normally should not initiate proceedings u/s 145 Cr.P.C and relegate parties to file an application before civil Court in a pending suit particularly when in civil suit such order as may be necessary can be..........
