Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR is maintainable where there is a different version and also new discovery is made on factual foundation...........
Criminal Procedure Code, 1973, Section 154, 162 -- Two FIRs - In regard to one and single incident, there could not be a case and a counter case as two FIRs are not permissible in respect to one and same incident because subsequent FIR is hit by S.162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed even when charge sheet is filed, provided a satisfaction is reached, inter alia, that either FIR and charge-sheet read together, even when accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Prima facie reading of FIR does not disclose commission of a cognizable offence of cheating - Intention to cheat from the beginning could not be made out from the complaint - Even, there is no whiff of any dishonesty or intention to deceive in any of statements of witnesses as recorded by police - Offence u/s 420 IPC not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Dispute regarding rate of interest - If parties amongst themselves agreed to a rate which is not in conformity with Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, it was for accused to raise an objection or move appropriate forum for getting the same corrected and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25 -- Bail - Contraband - Recovery of 2 kg heroin, one 30 bore pistol made in China, 2 magazines and 12 live cartridges came to be effected on the basis of secret information - Petitioner and co-accused have been duly named in the FIR -..........
