Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - If during course of trial, complainant or prosecution is of the view that some other offence(s) has/have also been committed by accused, it is always open to him/her to file an application to alter the charge(s)...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Compromise - Chance of ultimate conviction bleak after compromise/settlement arrived at between parties - Continuation of criminal prosecution will be futile exercise and a sheer wastage of previous time of Court - Continuation of criminal proceedings after compromise..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - High Court has power u/s 482 Cr.P.C to even quash no, compoundable offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A(1), Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Act providing procedure for dealing in specified goods - Special statute has to be followed by Magistrate - Magistrate does not have jurisdiction to entertain a petition u/s 451 of Cr.P.C. in..........
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,..........
