Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on ground of insufficient funds - Handwriting expert - Accused from the very initial stage had taken a defence that cheque does not bear his signatures and FIR was lodged that cheque was forcefully snatched from him - Held, merely because the cheque was dishonoured on account of..........
Indian Penal Code, 1860, Section 435, 436, 452, 427, 379, 149, 506, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application - As per complainant, village mob was approaching his house and set fire to house, vehicle, etc. - Application u/s.319 Cr.P.C. filed for summoning persons as additional accused whose name was..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR on same facts - Police earlier filed a negative report - Proper course was to file a protest petition rather than filing a fresh FIR - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Criminal breach of trust - Essential ingredients to constitute criminal breach of trust is `Entrustment of Property' and `Dishonest use of the same' - In the instant case, as per FIR, element of entrustment is missing and it is case of complainant himself that it was a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Offence of cheating would not be made out, merely because of breach of promise by borrower to return loan amount - Moreover, there is no inducement on the part of petitioner muchless by deceiving him - FIR quashed...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354 -- Delay in lodging FIR - Offence u/s 354 IPC - FIR lodged after more than four decades as from the date of incident - Admittedly, punishment for committing offence alleged against accused as in the year 1971 was a maximum of 2 years imprisonment - Further, as per S.468 Cr.P.C, no Court shall..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Events which stand narrated in FIR post occurrence of alleged incident are also quite unbelievable and no prudent person can even reach to a just conclusion on the basis of allegations made in FIR that there are sufficient grounds for proceeding against accused - No cogent explanation coming..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Consent memo, arrest memo and personal search memo of accused were prepared at the spot prior to registration of FIR, and complete details of FIR mentioned in these documents - Signature of accused taken on all these documents but..........
