Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Accused was found impersonating actual candidate/co-accused in examination center and was arrested from examination hall - Admit card issued to co-accused and driving license of co-accused were found in possession of accused - OMR sheet, question booklet and answer sheet allegedly filed by..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Alleged offence was committed by police personnel while acting or purporting to act in discharge of official duty - Criminal proceedings against applicant without any proper sanction as required u/s 197 Cr.P.C. is erroneous and illegal...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 420, 467, 468, 471 -- Quashing of FIR - Cheating - Case required further investigation having regard to serious allegations that one of accused as abetted by others had managed fake certificate fraudulently and succeeded to manage job in Police Organization - FIR cannot be quashed...........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - Prosecution failed to lead any evidence to show that accused was having in his possession explosive substance for any unlawful purpose - Testimony of I.O raises a question mark on entire process of recovery of explosive substance, vehicle in question and other recoveries from accused - No independent..........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Once Court believes version of prosecutrix, that is sufficient to establish offence punishable u/s 376 IPC - Failure of police to send sized articles to FSL ceases to have any significance in such a case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Offences alleged against accused are of serious and heinous nature - No plausible reason has been made out at this stage to cast any doubt on prosecution story - Investigation of case..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of accused - When there was huge time gap of about more than six months between date of incident and date of recording of statements of witnesses by I.O, Test Identification Parade (TIP) would have assisted police in identifying accused seen by PW7 - However,..........
