Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second FIR - Cheating - Second FIR lodged after a lapse of 29 years - Final negative report was submitted in earlier FIR and was accepted by Court - Continuation of proceedings against petitioner, who has retired, tantamount to abuse of process of Court - Second FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(x) of SCST Act - Quashing of FIR - Use of word `Harijan' in speech - Nothing in FIR that persons named therein were present in such meeting - Govt. notification of the year 2012 to ensure the non use of the word..........
Indian Penal Code, 1860, Section 307, 458, 323, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 307, 458, 323, 143 IPC and S.3(2)(V) SC/ST Act - Medical opinion that three injuries were not dangerous to life - I.O. found offence u/s..........
Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Application at the instance of accused - Petitioner seeking to take on record document pertaining to date of birth of prosecutrix at the time of her initial admission in school in which her date of birth is mentioned as per which she would be 18 years of age at the time of alleged incident -..........
Criminal Procedure Code, 1973, Section 433A -- Remission of sentence - Pre-mature release - Guidelines which was referred to by State Government while rejecting remission application does not appear to apply to the facts of case - Guidelines which were in force at the time of conviction of accused or any guidelines which were placed at the time of consideration of case for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondents appearing in FIR which was lodged immediately after the incident - Overt act is assigned to respondents in statement recorded by police u/s 161 Cr.P.C - Allegation of causing injury to deceased is also assigned to respondents - Their evidence if remains u, rebutted would..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing proceedings - Proceedings quashed on the basis of consent of wife which was obtained on false promise - Order quashing proceedings recalled...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Petitioner is registered owner of vehicle, which was carrying 39 Kg. 300 gms poppy husk - Conditional release of vehicle cannot be denied - Vehicle ordered to be released on certain conditions, till completion of trial...........
