Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Following principles emerge for permissibility of registration of second FIR: (i) When second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered; (ii) When ambit of two FIRs is different even though they may arise from the same set..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence against Company - Director - No specific allegation against petitioner - He was not made party in original complaint before Industrial Tribunal as well as in appeal before High Court and Supreme Court - Complaint was lodged against petitioner solely on the ground that he is one of directors of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising power u/s 482 Cr.P.C, will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint...........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
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 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Death of complainant - Petitioner wanted to come into picture on the basis of a Will executed by complainant - Unless and until, petitioner succeeded in establishing the said Will, he has no locus standi to come on record and prosecute the complaint - Complainant filed the complaint through..........
