Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
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 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..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute regarding sale of shop in question - Shop in question was in proprietary ownership of father-in-law of complainant - Mother-in-law of complainant sold the property after death of her husband to petitioner through a registered sale deed after..........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
Indian Penal Code, 1860, Section 498A, 420, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Cheating - Quashing of FIR - Allegation against maternal uncle of husband - All allegations primarily levelled against husband and his parents - Petitioner arrayed as accused only because he was nominated by other accused persons for handing over jewellery/articles of wife,..........
