Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Allegation that accused forcibly took away the amount of Rs.2 lakh from the pocket of informant - No plausible explanation given by informant as to why he was carrying Rs.2 lakh in his pocket - Moreover, taking away Rs.2 lakh from pocket of informant would not fall within ambit of S.390 IPC - Offence u/s 395 IPC not made..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Mere abuse may not come within purview of S.504 IPC - However, in judging whether particular abusive language attract S.504 IPC, Court has to find out what in ordinary circumstances would be the effect of abusive language used and not what complainant actually did as a result of his peculiar idiosyncrasy or cool..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Allegation that abusive language was used by accused - However, what exactly was uttered in the form of abuses is not stated in the FIR - Offence u/s 504 IPC not made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 195A -- Offence u/s 195-A - To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract S.195-A IPC...........
Indian Penal Code, 1860, Section 383 -- Extortion - Forcibly taking any property will not come under the definition of extortion as defined u/s 383 IPC - It has to be shown that the person was induced to part with the property by putting him in fear of injury...........
Indian Penal Code, 1860, Section 386 -- Extortion - Nothing on record to indicate that there was actual delivery of possession of property (money) by the person put in fear - In the absence of anything to even remotely suggest that the first informant parted with a particular amount after being put to fear of any injury, no offence u/s 386 IPC can be said to have been made..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Call Detail Records (CDRs) - Mobile numbers alleged to have been used by accused `M' is not in his name but in the name of one `A' - No evidence is placed on record to show as to how said SIM came to be in possession of accused `M' - Apart from that if at the time of incident both of them were..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Mere retention of property entrusted to a person without any misappropriation cannot fall within ambit of criminal breach of trust - Unless there is some actual use by accused in violation of law or contract, coupled with dishonest intention, there is no criminal breach of trust...........
