Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Kerala Police Act, 2011, Section 120(o) -- Offence u/s 120(o) of the Act - Offence in question is a non-cognizable offence and it is not possible for I.O. to proceed with investigation without getting formal permission of jurisdictional Magistrate u/s 155(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 155(2) -- Non-cognizable offence and cognizable offence - Requirement of obtaining sanction u/s 155(2) Cr.P.C for investigation of a non-cognizable offence, cannot be by passed merely on the fact that cognizable offence is incorporated in FIR, even though there are apparently no materials before investigating agency to register a case..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 447, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f), 3(1)(g), 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Property dispute between parties - Property that forms the subject matter of criminal proceedings is also subject of..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
Criminal Procedure Code, 1973, Section 190, 204, 173 -- Summoning of accused not named in charge sheet - Court can take cognizance against persons not named in charge sheet - However, in the instant case Court ordered issuing of summons to such accused and also ordered that their names should be included in the charge sheet - Court can order issuance of summons instead of..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
Criminal Procedure Code, 1973, Section 164 -- Statement of a witness u/s 164 Cr.P.C - Can be recorded more than once...........
