Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise to marry - Quashing of charge sheet - No allegation that promise to marry was false at the inception - On the contrary, it appears from contents of FIR that there was a subsequent refusal on the part of accused to marry which gave rise to the registration of FIR -..........
Indian Penal Code, 1860, Section 419, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations with respect to inducement for Rs.5 lakhs for obtaining job are made against co-accused/husband of accused - There are no allegations against accused - Even if all allegations in complaint are taken at face value are true, basic..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments - However, if it is found that subsequent FIR is abuse of process of law and same is lodged only..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs1 and PW11 - Corruption case - Witnesses sought to be recalled by prosecution were required to mark relevant document which was crucial for decision of case - Delay in filing application occurred due to transfer of Special Public Prosecutor who was conducting case - Accused must have an opportunity to cross-examine..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Bail - Economic offences of high magnitude - Regular bail can be granted after filing of challan...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police investigation in respect of same offence - Procedure to be followed - Magistrate is vested with powers to consolidate and proceed as a police case while staying complaint proceedings and after calling a police report from I.O...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Cruelty - Demand of dowry - Parties have moved on in life and got married subsequent to decree of divorce - No useful purpose would be served in pursuing criminal prosecution any further - In terms of agreement..........
Criminal Procedure Code, 1973, Section 340 -- Complaint u/s 340 Cr.P.C - Malicious prosecution - Grounds for maintaining a suit for malicious prosecution cannot form basis for filing of a petition u/s 340 Cr.P.C since it has to independently satisfy requirements of S.195(1)(b) Cr.P.C...........
