Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal filed against conviction - Murder case - Accused after committing murder of constable and throwing away his dead body had absconded - Though they were later on arrested but during their arrest they resisted and opened fire on the police party for which a separate case was registered - Accused..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Protest petition - Right of complainant to file a petition u/s 200 Cr.P.C is not taken away even if Magistrate concerned does not direct that such a protest petition be treated as a complaint...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Protest petition - Magistrate has liberty to reject protest petition along with all other material which may have been filed in support of the same - In that event the complainant would be at liberty to file a fresh complaint...........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by police u/s 161 Cr.P.C - Cannot be used for any purpose except to contradict the witness...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because charge sheet is filed cannot be a ground for High Court not to invoke its jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations made in the FIR or complaint at the stage of quashing of proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Prevention of Money Laundering Act, 2002, Section 3, 2(1)(y), Indian Penal Code, 1860, Section 120B -- Money laundering - Criminal conspiracy - Offence punishable u/s 120-B IPC could become a scheduled offence only if conspiracy alleged is of committing an offence which is specifically included in the schedule to PMLA - Since, conspiracy alleged is of commission of..........
