Indian Penal Code, 1860, Section 420, 406, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Petitioners have already been declared innocent during investigation - Continued inclusion of petitioners names in FIR amounts to undue harassment to petitioners - Names of petitioners directed to be removed from all the records where they are..........
Criminal trial -- Financial/monetary disputes - Where several persons named in complaint, due diligence be applied by conducting some sort of pre-registration inquiry in accordance with law by some economic offences cell, dealing with such financial disputes between private parties prior to finalization of complaint, converting into FIR/registration of criminal case...........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of State - Such conduct not only burdens Courts, but blots identity of an individual accused of such a heinous offence...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Civil disputes given the colour of criminal offence - FIR quashed...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - If there is an omission on part of prosecution in forwarding the relied upon documents to Magistrate, even after chargesheet is submitted, prosecution can be permitted to produce additional documents which were gathered prior to or subsequent to investigation...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge must be for offence that is made out by evidence recorded during trial...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Though power u/s 216 Cr.P.C to alter or add existing charge is very wide, to exercise said power, there must be some material existing before Court which has some connection or link with charge sought to be added...........
