Indian Penal Code, 1860, Section 417, 109, Criminal Procedure Code, 1973, Section 482 -- Cheating - False promise of marriage - Complaint against parents of boy - In complaint there is no act or conduct on the part of appellants which can be termed to be illegal per se much less criminal in nature - Main allegations are against son of appellants - No ingredients of any..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering FIR by itself may not render the entire case of prosecution doubtful more particularly, the oral version of eyewitnesses doubtful - However, delay in the registration of FIR should be looked into considering other infirmities emerging from case of prosecution...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Evidence tendered by defence witnesses cannot always be termed as a tainted one - Defence witnesses are entitled to equal treatment and equal respect as that of prosecution - Issue of credibility and trustworthiness ought also be attributed to defence witnesses at par with that of prosecution...........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Representation by accused to the deceived doing fraudulent or dishonest inducement is sine qua non for making out offence u/s 420 IPC - There is no allegation of complainant that any accused has made any representation to him to part with any property - As such, for want of any..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 366, 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Suspension of sentence during pendency of appeal against conviction - Kidnapping and rape - Applicant has undergone..........
Criminal Procedure Code, 1973, Section 256, 302 -- Death of complainant - Substitution of legal heirs - Legal heirs of complainant proceed with the case through their power of attorney - However, one legal heir died during pendency of application filed by power of attorney and without taking any proper steps, petitioners wanted to continue the said proceeding on the basis..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Incident in both the FIRs relate to same transaction - There can be no straight jacket formula for quashing or clubbing FIR and Courts are required to examine facts of each case - Since there cannot be two FIRs against same accused in respect of same case or cause of action and on the same set of facts, therefore..........
Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence against society - If any FIR has been lodged by a particular person relating to offence against society then on the basis of compromise between accused and informant, proceedings cannot be quashed which are against public at large...........
