Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 17 days in lodging FIR - Parents of victim unaware of mode of accessing to criminal justice system as they want from one person to other to seek advise on how to take steps - Delay sufficiently explained...........
Guardians and Wards Act, 1890, Section 10, 25, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 10 r/w S.25 of Act of 1890, being civil in nature, under special social welfare statue, will have overriding effect over general proceedings or findings recorded u/s 125 Cr.P.C. which is criminal in nature...........
Guardians and Wards Act, 1890, Section 10, 25, Criminal Procedure Code, 1973, Section 125 -- Custody of child - Findings recorded u/s 125 Cr.P.C. regarding income capacity of mother - Irrelevant for considering propriety of guardianship, as poorest of poor has right to procure child and shower his or her love and affection - Even otherwise best savior of child will be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Quashing of FIR - Offence u/ss 279, 337 IPC and S.187 of M.V. Act - Compounding of offence - Amicable settlement arrived at between parties - Even if some of the offences constituted in the FIR are no, compoundable yet for securing the ends of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Mala fides of informant are of secondary importance, if material collected by I.O prima facie discloses commission of offence by accused, as it is the material collected by I.O and evidence led in Court which decides fate of accused - Prosecution thus, cannot be quashed on ground of mala fides of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Quashing of complaint - Cheating - Merely because complaint is made by member of parliament, it cannot be said that complaint was politically motivated, particularly when allegations were prima facie correct - Petition for quashing rejected...........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Exoneration in departmental enquiry is of no consequence so far as prosecution for delinquent officer for offences in a criminal trial is concerned - Contention of accused that since he is exonerated in departmental enquiry partially, therefore criminal trial amounts to double jeopardy, misconceived hence..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Sanction for prosecution - Cheating - Act committed by accused cannot be said to have been committed by him while acting or purporting to act in discharge of his official duty - Sanction u/s 197 Cr.P.C. for prosecution of accused not required...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Where complaint discloses commission of cognizable offence, then it is obligatory on part of police authorities to register FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Correctness of allegations made in complaint cannot be questioned, at the time of considering prayer for quashing FIR, as it is a matter of investigation and trial...........
