Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 407, 468, 471, 260, 263Ka -- Quashing of charge sheet - Cheating - Fake stamps - Allegations made in FIR show that victim incorporated ingredients necessary for prosecuting accused for offence alleged - Question whether complainant will be able to prove allegation in the manner known to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise to marry - Quashing of charge sheet - No allegation that promise to marry was false at the inception - On the contrary, it appears from contents of FIR that there was a subsequent refusal on the part of accused to marry which gave rise to the registration of FIR -..........
Indian Penal Code, 1860, Section 419, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations with respect to inducement for Rs.5 lakhs for obtaining job are made against co-accused/husband of accused - There are no allegations against accused - Even if all allegations in complaint are taken at face value are true, basic..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Bail - Economic offences of high magnitude - Regular bail can be granted after filing of challan...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Cruelty - Demand of dowry - Parties have moved on in life and got married subsequent to decree of divorce - No useful purpose would be served in pursuing criminal prosecution any further - In terms of agreement..........
