Criminal Procedure Code, 1973, Section 202 -- Summoning of accused - Non-consideration of cancellation report - Primary genesis of complaint is based on same facts on which FIR was lodged - Trial Court while summoning of accused to face trial ought to have considered cancellation report - Having not done so, summoning order quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Commercial relationship which broke - FIR and charge sheet quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing - No offence made out, if all the averments contained in complaint are taken to be true - FIR and charge sheet quashed...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - FIR against victim of rape for the offence of extortion - Compromise - Victim of rape a young lady of 23 years - If she goes through trial, in one case as victim and in another case as accused, it would rob the prime of her youth - Though in a heinous case like rape, proceedings in a..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW1 and PW4 - Glaring contradictions between testimony of PW1 and PW4 regarding type of material object used and role of A-2 and very foundation of case of prosecution stood shaken - Trial Court disbelieved the evidence of PW1, as nothing was stated in FIR regarding injuries sustained by him but she spoke about..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per allegations made by complainant in FIR, he is paramour of deceased-wife of complainant - However, there is nothing on record showing that petitioner has any criminal antecedents - Out of 12 prosecution witnesses 2 material witnesses including complainant already stands examined and possibility of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person is entitled to approach Sessions Court or High Court or even Apex Court, as the case may be praying for grant of appropriate protection from arrest inspite of there being no FIR registered against such person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court can grant transit anticipatory bail to a person apprehending arrest in a different State even when there is no FIR filed against him...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
