Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354A, 341, 323, 506, 509, 34 -- Quashing of FIR - Compromise - Offence u/ss 354, 354-A, 341, 323, 506, 509, 34 IPC - Oral settlement arrived at between parties - Matter has been settled amicably - Complainant has no objection if FIR is quashed - No useful purpose will be served in prosecuting..........
Indian Penal Code, 1860, Section 366, 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix a major girl - She had eloped with accused number of times and both made physical relations - Prosecutrix visited several places with accused..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Direction u/s 91(1) Cr.P.C cannot be issued to an accused to produce an incriminating document...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Object of enquiry u/s 202 Cr.P.C is to ascertain truth or falsehood of complaint...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - What Magistrate has to determine at the stage of issue of process is not correctness or probability or improbability of individual items of evidence on disputable grounds, but existence or otherwise of a prima facie case on assumption that what is stated could be true unless prosecution allegations are so..........
Criminal Procedure Code, 1973, Section 398 -- Further inquiry - Remand of matter for further enquiry does not necessarily oblige Magistrate to record any further evidence in the case - Nature of further inquiry is in discretion of Magistrate which may or may not include recording of further evidence on behalf of complainant...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Power of re-investigation is not available to Magistrate and can be exercised only by a superior Court...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Not permissible that too at behest of a new authority without there being anything on record to have suggested that there is a valid ground for re-investigation...........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
