Holding peaceful processions, raising slogans, would not be and cannot be an offence under India’s Constitution. ANALYSIS AND REASONING: 9.The FIR nowhere mentions the role of the petitioner. Even if this Court presumes the petitioner present at the spot, it would still not lead to an automatic inference of her Read more…
Section 482 Cr.p.c. and Section 320 Cr.p.c. – In crimes which seriously endangers the well being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably. he petitioner/accused has represented himself as Shiva and on that Read more…
Section 45 of the Indian Evidence Act – That in terms of Section 45 of the Indian Evidence Act, the opinion of handwriting expert is a relevant piece of evidence; but it is not a conclusive evidence. It is always open to the plaintiff-appellant No.3 to adduce appropriate evidence to Read more…
Section 482 Cr.p.c. – Quashing of Fir – The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the un-controverted allegations as made, prima facie, establish the offence. It is Read more…
The power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. HC The position that emerges from the Read more…
