Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161 Cr.P.C, names of appellants or any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Six cheques - One complaint - Cheques given in relation to the same transaction - S.219 Cr.P.C. not an impediment to the summoning of accused persons...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376 -- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 468 -- Quashing of proceedings - Offence u/ss 465, 468 IPC - As per prosecution, petitioners sold tickets of Nehru Trophy Boat Race (NTBRS) by setting up a website - However, it appears that when crime was initially registered, the Secretary of NTBRS was under impression that petitioners were..........
Criminal Procedure Code, 1973, Section 482, Information Technology Act, 2000, Section 71 -- Quashing of proceedings - Offence u/s 71 IT Act - In order to attract S.71 of IT Act, there should be an allegation that petitioner had made any representation or suppressed any fact from Controller or Certifying Authority for obtaining any licence or digital signature certificate -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second FIR - Cheating - Second FIR lodged after a lapse of 29 years - Final negative report was submitted in earlier FIR and was accepted by Court - Continuation of proceedings against petitioner, who has retired, tantamount to abuse of process of Court - Second FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(x) of SCST Act - Quashing of FIR - Use of word `Harijan' in speech - Nothing in FIR that persons named therein were present in such meeting - Govt. notification of the year 2012 to ensure the non use of the word..........
Indian Penal Code, 1860, Section 307, 458, 323, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 307, 458, 323, 143 IPC and S.3(2)(V) SC/ST Act - Medical opinion that three injuries were not dangerous to life - I.O. found offence u/s..........
Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Application at the instance of accused - Petitioner seeking to take on record document pertaining to date of birth of prosecutrix at the time of her initial admission in school in which her date of birth is mentioned as per which she would be 18 years of age at the time of alleged incident -..........
