Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere delay in lodging complaint, cannot by itself be a ground to quash FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While examining a complaint, quashing of which is sought, Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR or in complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Courts would not thwart any investigation - It is only in cases where no cognizable offence of any kind is disclosed in the FIR that Court will not permit an investigation to go on...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295A, 505, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(I)(V) -- Anticipatory bail - Offence u/ss 153-A, 295-A, 505 IPC and S.3(I)(V) of SC/ST Act - Prima facie evidence is on record that Facebook posts were uploaded by petitioner are not only..........
Indian Penal Code, 1860, Section 420, 419 -- Offence u/ss 420, 419 IPC - Transfer of investigation - Allegations that Special Director CBI and concerned IGP have influenced administrative authorities of UT CHD. - False FIR was also lodged against petitioners with an intention to extort money from petitioner - Transcripts placed on record by petitioner do not make out a..........
Indian Penal Code, 1860, Section 302, 326 -- Offence u/ss 302, 306 IPC - Incident occurred in a trivial manner - Deceased had gone to house of accused and objected to dog poo thrown in front of his house - Accused became aggressive for this and did not listen - Accused was not carrying any arm rather he picked up a tangi lying in his house and struck a blow on his head -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
Indian Penal Code, 1860, Section 376, 270, 370 -- Rape by HIV positive person - Whether constitutes offence of attempt to murder - If an HIV positive person is aware of their condition and has unprotected sex, then such act can be termed as negligent act - Said person can be punished u/s.270 IPC - Said act would not attract offence for attempt to murder punishable u/s.307..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - General allegation of surcharged atmosphere is not sufficient - Apprehension of not getting a fair and impartial trial cannot be founded on certain grievances or convenience of accused, but reasons have to be more compelling than that...........
