Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - FIR does not stand vitiated because a preliminary enquiry has not been conducted...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused took a specific plea that his cheque book was lost somewhere and cheque leafs were kept signed by him - Therefore, he had lodged an FIR - However, accused did not examine any witnesses to prove the fact that he had in fact lodged an FIR - Accused lied while taking aforesaid plea - In a criminal..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 308, 323, 504, 506 IPC - Petitioner was not only named in FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 as being indicative of complicity of petitioner have also been referred - FIR version as..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused being teacher having found the deceased boy regularly bunking classes first reprimanded him but on account of repeated acts brought this fact to knowledge of principal who called parents of deceased - No further overt act has been attributed to accused in FIR or in statement of complainant, nor anything..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation - Relevant date for purpose of computing period of limitation u/s 468 Cr.P.C is `date of filing of complaint or institution of prosecution' and not the date on which Magistrate takes cognizance - Expression `date of institution' would also include within its ambit institution of..........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 6 months and 6 days including remission - FIR was registered in 2015 and accused has faced agony of trial for more than 6 years - Accused is a first offender and only bread earner of family - Sentence of accused reduced to..........
Custody of child -- Claimed by father - Writ of Habeas Corpus - Mother of child committed suicide - FIR was registered against father of child and he is in jail - Child is in the custody of his maternal grand father - Custody cannot be said to be illegal or unlawful - Writ petition dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
