Criminal Procedure Code, 1973, Section 161 -- Inconsistency between statement recorded u/s 161 Cr.P.C and evidence in Court - If statement before police officer and statement in Court are so inconsistent or irreconcilable with each other that both of them cannot co-exist, it can be stated that one contradicts the other...........
Indian Penal Code, 1860, Section 324, 147, 148, 149, 143, Explosive Substances Act, 1908, Section 3 -- Offence u/ss 324, 147, 148, 149, 143 IPC and S.3 of 1908 Act - Material contradictions in the statements of PWs 1, 2, 7, 8 u/s 161 Cr.P.C with that of evidence tendered in Court regarding incident, identity of others who alleged to be members of unlawful assembly - If..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle in question used as a pilot vehicle to facilitate another vehicle wherein 32 heads of cattle were being transported for purpose of slaughter - Petitioner was admittedly not present at the spot - No purpose would be served by not releasing vehicle on supardari and keeping vehicle at police..........
Rent and Eviction -- Demolition of building - Non-serving of notice u/s 462 of Karnataka Municipal Corporations Act - S.322 of Karnataka Municipal Corporations Act empowers Commissioner for immediate evacuation of property and any person disobeying such orders was to be removed by any Police Officer - Time for complying with the order does not arise in the case of a..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate should apply judicious mind while exercising power u/s 156(3) Cr.P.C. - Mere mention in the order that he has gone through the complaint and police investigation is not required or otherwise, would not be sufficient compliance of application of judicial mind while deciding application u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Application disclosing cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case - However, in exercise of such jurisdiction the Magistrate has to keep in view various factors as laid down in Lalaram case, which are..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Testimony of victim - Victim admitted in her cross-examination that her parents were present at the time of recording her statement u/s 164 Cr.P.C - She stated that her parents had told her how to give statement - Victim..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Challenge as to - Externment order was outcome of complaints lodged by appellant against government officials, some Madrasas and persons connected with such Madrasas, who later lodged FIRs against appellant - FIR`s against appellant clearly vindictive, retaliatory and aimed to teach a lesson to appellant and..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Threat to lodge a complaint cannot possibly be a ground for passing order of externment u/s 56 of the Act, particularly when responses to government authorities to queries raised by appellant under RTI Act clearly indicate that complaints lodged by appellant against such government authorities are not frivolous..........
