Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 419, 471, 120B -- Quashing of FIR - Cheating - Contents of FIR prima facie constitute cognizable offence - Other alleged grounds for quashing FIR can only be disclosed after due investigation - Investigation is in domain of Investigating Agency and Courts are not supposed to interfere in..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against Jeth and Jethani of deceased - No reliable evidence on record that petitioners are living separately from deceased or they had not take part in demand of dowry or consequent torture to deceased -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 380, 427, 447 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 380, 427, 447 IPC - Trial Court took cognizance of offence on basis of statement of complainant and his witnesses recorded u/ss 200, 202 Cr.P.C - Material on record shows that findings of trial Court does not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418, 465, 193, 196 -- Quashing of FIR - Cheating - Case is of the year 2017 and almost three years is completed but there is no progress by investigating agency either to file charge sheet u/s 173(1) Cr.P.C or to file any report as under relevant provisions of Cr.P.C - However, duty is cast..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise arrived at between parties - Proceedings are essentially of civil nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54 -- Bail - Attempt to murder - Once during trial injured person has failed to identify accused being one who has inflicted injuries upon him and trial is likely to take some time before same finishes, no useful purpose will be served by keeping..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 506, 120B -- Bail - Offence u/ss 307, 323, 324, 148, 149, 506, 120-B IPC - Accused kept on running away from law for a period of about 7 years after registration of FIR - However, accused remaining behind the bars for a period of 1-1/2 years after his arrest - PWs yet to..........
Indian Penal Code, 1860, Section 309, Criminal Procedure Code, 1973, Section 468 -- Attempt to commit suicide - Order taking cognizance - Offence in question is punishable with a maximum imprisonment of one year - FIR was registered in the year 2013 and Court below has taken cognizance in the year 2016, without assigning any reason and thus, same is barred by law - Order..........
Indian Penal Code, 1860, Section 326, Criminal Procedure Code, 1973, Section 439 -- Bail - Grievous hurt caused by biting with teeth - Human teeth cannot be termed as a dangerous weapon capable of causing death - Offence u/s 326 IPC held, not attracted and only an offence u/s 325 IPC would be attracted, which is bailable offence - Bail granted...........
