Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and de-freezing of bank accounts - Application not pressed and disposed of as withdrawn - Another application, for the same relief, held, not maintainable...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Allegation that false assurance was given by appellant and his father to complainant - However, ingredients of S.420 IPC not made out either from FIR or from any other material on record - In the FIR allegation of making assurance was made against father of accused -..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Incident took place between two political groups during Ganpati festival - PW1 injured eye witness not disclosed incident and death of his uncle immediately to police, which casts reasonable doubt on veracity of his evidence - Considerable delay in reporting matter to police and registering FIR - No other eye witness to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 403, 409, 464 -- Quashing of proceedings - Offence u/ss 420, 403, 409, 464 IPC - Findings of inquiry clearly indicate that large volume of material facts surrounded by lodging of FIR and its authenticity needs to be investigated and truth unravelled - High Court cannot interdict criminal..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 30 -- Quashing of FIR - Arms licence cancelled due to non renewal - Delay in deposit of gun - Renewal of licence later on - It does not wash away the offence - However, FIR quashed as at this distance of time allowing prosecution to continue will only cause undue harassment to accused, particularly..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused armed with deadly weapon chased deceased and assaulted twice on his head - Testimony of all four eye witnesses who also are injured eye witnesses is reliable and injuries on their person are proved on record - Merely because they are interested witnesses their testimony cannot be discarded - There is nothing on..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Incident occurred at 4.30 p.m. - FIR lodged at 11.30 p.m. - Police station at a distance of six kms. - Informant who got injured in he incident was first taken to hospital - Delay in lodging FIR is thus explained...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 120B, 34 -- FIR - Murder case - Occurrence took place in the dead of night - PW1 being a lady proceeded for police station early in the morning - FIR delayed and may been result of prior deliberations...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Number of accused mentioned twelve - Name of seven accused not given in FIR - In the investigation when names of seven other accused had surfaced charge sheet was submitted against twelve accused - Non-mentioning of name of seven accused in the FIR is thus inconsequential...........
