Criminal Procedure Code, 1973, Section 154 -- Second FIR - Preliminary enquiry - Where FIR is already registered, preliminary enquiry is not bound to be held on a subsequent complaint, containing very same allegations...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - FIR in corruption cases need to be registered only after conducting preliminary enquiry...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - Complainant failed to implead persons against whom grave allegations are raised - Writ petition filed for registration of FIR dismissed...........
Criminal Procedure Code, 1973, Section 91 -- Scope - Provision of S.91 of the Act is not applicable to preliminary inquiry before registration of FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Indian Penal Code, 1860, Section 124A, 153A, 505, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 124-A, 153-A, 505, 120-B IPC - Accused may have been ill treated while in police custody as per Medical Board of Army Hospital - Charges against accused are not such in which custodial interrogation would be required, as all statements made by accused..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Accused `B' executed axe blow on deceased's head knowing fully well that axe blow on old woman's vital body part would in all probability cause her death - Fact that deceased died due to head injury was consistent and undisputed throughout FIR and deposition by PWs - Same is also supported by post mortem report and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Specific role attributed to accused and he was specifically named in FIR - Testimony of PW4/eye witness is trustworthy and reliable - Defence of accused is not probable - Incident in question not disputed by accused - Non-examination of independent witnesses not fatal to prosecution case - No evidence led to prove false..........
Indian Penal Code, 1860, Section 376, 323, 511 -- Rape - Eye witnesses of incident clearly narrated the occurrence - Neither enmity nor motive among witnesses, prosecutrix and accused - Prosecutrix had abrasions on her lip, nose and she had a nail mark on her right side cheek - Medical evidence also against accused - Defective investigation is not fatal to prosecution case..........
